Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1467 of 2019 Petitioner :- Ram Asrey Kureel And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madhu Sudan Dwivedi,Shrawan Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Anand Srivastava holding brief of Sri Shrawan Dwivedi for the petitioners and A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 12.12.2018, registered as Case Crime No.300 of 2018, under Sections 147, 148, 364, 302, 201 IPC, P.S. Sajeti, district Kanpur Dehat.
In substance the allegation made in the F.I.R. is that on 5.12.2018 Dharmendra son of the informant had gone to see drama in the village where there was a fight between Dharmendra on one side and Naresh, Suresh and Raju sons of Chhedalal on the other side. Ram Asrey Kureel, previous Pradhan and his brother Munesh got murdered his son through aforesaid persons. The dead body of his son was found floating in pond on 12.12.2018 at 11-00 A.M.
The counsel for the petitioners submits that in the F.I.R. it has been mentioned that on 8.12.2018 the informant has filed a missing report in which names of the petitioners have not been mentioned. Now, on false allegation only on the suspicion, the names of the petitioners have been mentioned in F.I.R. as such the petitioners are entitled for protection during investigation.
We have considered the arguments of the counsel for the petitioners.
F.I.R. has been lodged in respect of heinous offences under Sections 302 and 364 IPC as such it is not liable to be quashed simply for the reason that in the missing report the names of the petitioners have not been mentioned. No protection can be granted to the petitioners at this stage.
However, in case the petitioners surrender and apply for bail before the court below, the same shall be decided expeditiously. The writ petition is disposed of.
Order Date :- 21.1.2019 mt