Case :- CRIMINAL MISC. WRIT PETITION No. - 24264 of 2019 Petitioner :- Rubiya Khatoon And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyanendra Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Dinesh Pathak,J.
Heard Sri G.P. Srivastava, learned counsel for the petitioners and Sri J.K. Upadhyay, learned A.G.A. for the State.
This writ petition has been filed by the petitioners seeking quashment of FIR dated 17.9.2019 in respect of Crime No.404 of 2019 for the offence under Sections 147, 504, 506, 419, 420, 467, 468, 406 of IPC and 3(2)(V) and 3(1) (d) of SC/ST Act, P.S. Mohammadabad, District Mau.
As per prosecution case, on 25.1.2019, main accused Khaderu Chauhan along with other four accused persons came into the house of the complainant and threatened him for dire consequences.
Learned counsel for the petitioners submits that the main accused Khaderu Chauhan had already expired on 1.10.2018 and therefore, question of committing any offence by him along with other accused persons on 25.1.2019 does not arise. He submits that an absolute false case has been cooked up by the complainant taking the advantage of her caste.
On the other hand, learned A.G.A. opposes the petition. He, however, submits that he has received the instruction from the concerned police station that main accused Khaderu Chauhan had already expired on 1.10.2018.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioners, we are not inclined to quash the criminal proceedings.
However, 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.
the petitioners cooperate in the investigation.
Order Date :- 17.12.2019 RK