Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23147 of 2018 Petitioner :- Mangal Sachan @ Indresh Sachan And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 22.07.2018 registered as Case Crime No.202 of 2018, under Sections 363, 366, 147, 504, 506, 120-B I.P.C. and Section 3(2)(V) of S.C./S.T. Act, Police Station Sajeti, District Kanpur Nagar.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged by respondent no.3, after one month of elopement of his daughter with someone, against the petitioners only on the basis of suspicion. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating their complicity in the commission of the alleged crime and the impugned FIR is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.8.2018 Anand Sri./-