Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5213 of 2019 Petitioner :- Rita Yadav And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Chandra Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 08.02.2019 registered as Case Crime No. 20 of 2019 at P.S. Pawai, District Azamgarh, under Sections 302, 365, 504, 506 I.P.C.
The allegation in the impugned first information report is in respect of abduction for murder of informant's son (Vivek), who, allegedly was in relationship with one of the accused persons daughter The learned counsel for the petitioners submitted that it appears that Vivek has not been murdered but is alive and hiding and the informant is aware about his whereabouts and the petitioners have been falsely implicated.
Be that as it may, the aforesaid contention cannot be taken as a ground to quash the first information report though it is always open for the accused to point out to the Investigating Officer the whereabouts of the missing person and demonstrate that he is alive so that he can be recovered and his statement could be recorded. But, in such matters, no interference with the investigation is called for because the police would have to investigate all possible clues or information and interrogate suspects and even take them on remand to ascertain the whereabouts of the missing person or to recover his body.
Subject to above, the petition is dismissed. Order Date :- 26.2.2019 Sunil Kr Tiwari