Hon'ble Shamim Ahmed,J.
Heard Sri Imran Ullah along with Sri Mohd. Khalid, learned counsel for the petitioners and the learned A.G.A. for the State-respondents.
"A) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 19.07.2018 vide case crime no.0374 of 2018, under Sections 406, 420 and 120B IPC of Police Station Bhelupur District Varanasi (contained as annexure-1 to the writ petition).
B) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 and his subordinate officers not to harass/arrest the petitioners in pursuance of FIR dated 19.07.2018 vide case crime no.0374 of 2018, under Sections 406, 420 and 120B IPC of Police Station Bhelupur District Varanasi."
The informant-respondent no.3 is the mother-in-law of the petitioner no.1, who has lodged the impugned First Information Report. From perusal of the writ petition, it appears that there were several cases going on between the parties. It further appears that in relation to the impugned criminal case, the petitioners filed Transfer Petition (Criminal) No..... of 2021 (Arising out of DY No.9883 of 2020) (Neha Madhok and others vs. Vijay Bharti Madhok and another), which has been dismissed by the Hon'ble Supreme Court by order dated 4.1.2021 as under:
"This is a petition filed by the daughter-in-law, her parents, her brother and her sister-in-law seeking transfer of a criminal complaint lodged by the mother-in-law at Police Station Bhelupur, Varanasi to a court of competent jurisdiction in Ludhiana, Punjab.
Admittedly the complaint is pending investigation and no final report has been filed by the police so far. Therefore, this is not the stage at which a transfer could be ordered.
If and when a final report is filed implicating the petitioners, it would be open to them at that stage to seek a transfer to a different Court and not at the present stage.
However, the learned counsel for the State brought to my notice an order passed on 28.11.2018 by this Court in SLP (C) No.28490 of 2018, in which the parties were restrained from instituting any fresh case or complaint or petition against each other or against the members of their family without the leave of this Court. Therefore, the learned Standing Counsel for the State apprehended trouble if investigation is proceeded with.
However, Mr. Gaurav Khanna, the learned counsel for the Petitioners pointed out a subsequent order passed on 13.11.2019 dismissing the Special Leave Petition. Therefore, there is no reason for any apprehension on the part of the State to proceed with the investigation.
The Transfer Petition is therefore dismissed with liberty to the petitioners to come up in case a final report implicating any of them is filed. The Investigating Officer shall keep in mind the fact that the disputes amongst the parties arise out of a matrimonial controversy."
From the afore-quoted order of the Hon'ble Supreme Court, it appears that the question of the investigation in the case crime in question was also raised before the Hon'ble Supreme Court and yet the Hon'ble Supreme Court dismissed the transfer petition with liberty to the petitioners to come up in case a final report implicating any of them is filed. The Hon'ble Supreme Court has further observed that there is no reason for any apprehension on the part of the State to proceed with the investigation.
In view of the afore-quoted order dated 4.1.2021 passed by the Hon'ble Supreme Court, we do not find any good reason to quash the impugned First Information Report.
In view of the aforesaid, the writ petition is dismissed.
Order Date :- 9.2.2021 SP