Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 28128 of 2018 Petitioner :- Rajeev Kumar Saini And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Verma Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri Rakesh Kumar Verma, learned counsel for the petitioners and Sri Krishna Kumar Singh, learned counsel appearing for opposite party No.3.
This writ petition has been filed by the petitioners seeking quashment of F.I.R. dated 21.09.2018 in respect of Case Crime No. 410 of 2018 for the offence under Sections 376, 506, 34 I.P.C., Police Station Hayat Nagar, District Sambhal (Bheem Nagar).
Learned counsel for the petitioners submits that they are the brother-in-law (nandoi) of the complainant opposite party No.3. It has been argued that incident is alleged to have taken place on 24.06.2018, whereas application under Section 156(3) of Cr.P.C. was filed on 16.08.2018 and this inordinate delay has not been explained satisfactorily by the prosecutor.
Learned counsel for the petitioners further submits that dispute between the husband and wife is already pending before the Court and present is the case of false implication. Further it has been submitted that the petitioners are government servants.
On the other hand, learned A.G.A opposes the petition.
Considering the facts and circumstances of the case, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioners cooperate in the investigation.
Order Date :- 26.10.2018 Shubhankar