Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23051 of 2018 Petitioner :- Ravendra @ Ramendra Kumar Sonkar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sharad Saran Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner 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 26.07.2018 registered as case crime no. 131 of 2018, under Sections 147, 306, 506 I.P.C., P.S. Khakhreru, District -Fatehpur.
It is submitted by learned counsel for the petitioner that instant case is of honor killing in which two First Information reports have been lodged. The first F.I.R. was lodged by the maternal uncle of the petitioner against the respondent no. 4 and his other family members regarding murder of his nephew Raj Kumar. The second F.I.R. which is impugned F.I.R. was lodged by the respondent no. 4 against the petitioner and his other family members after his daughter had committed suicide upon coming to know about the death of Raj Kumar. He next submitted that even if the entire allegations made in the impugned F.I.R. are taken on their face value and accepted to be true, ingredients of offence under Section 306 I.P.C. are not disclosed against the petitioner. Moreover, apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioner's complicity and hence the impugned FIR qua petitioner is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner. As far as the question of lack of evidence in support of the allegation made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioner.
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 petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.8.2018 AKT