Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30358 of 2018 Petitioner :- Neeta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Srivastava,Raj 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 06.06.2017 registered as Case Crime No.633 of 2017, under Sections 147, 306 I.P.C., Police Station Kotwali, District Chitrakoot.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged by respondent no.3 containing absolutely false and concocted allegations. He further submitted that identically place co- accused Rinku and Raj Kumari have been granted interim protection by this Court vide order dated 24.09.2018 passed in Crl. Misc. Writ Petition No.23131 of 2018, copy of the order is annexed as Annexure 9 to the petition, hence the petitioners who are the cousin sisters-in-law of the deceased are also entitled to the same benefit. 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 for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Learned A.G.A. has not disputed the submissions advanced by learned counsel for 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 :- 26.10.2018 Anand Sri./-