Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30302 of 2018 Petitioner :- Rekha Garg And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Kumar Jaiswal,Amit Daga Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard Sri V. P. Srivastava, Senior Advocate assisted by Sri Alok Kumar Singh, learned counsel for the petitioners, learned A.G.A. for the State and Sri Pawan Pundir, learned counsel for the respondent no. 4.
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 16.10.2018 registered as case crime no. 759 of 2018, under Section 306 IPC, P.S. Civil Lines, District -Muzaffarnagar.
It has been submitted by learned counsel for the petitioners that since there is no recital in the impugned F. I. R. that the petitioners had abetted the deceased to commit suicide, offence under Section- 306 IPC is not made out against the petitioners. 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 petitioners' complicity and hence the impugned FIR qua petitioners is liable to be quashed.
Per contra learned A.G.A. as well as learned counsel for the respondent no. 4 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 petitioners. 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 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 AKT