Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33837 of 2018 Petitioner :- Sadhu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 28.10.2018 registered as Case Crime No. 173 of 2018, under Sections 147, 323, 504, 506, 306 I.P.C., P.S. Tindwari, District Banda.
Learned counsel for the petitioners submitted that the deceased had committed suicide within the premises of the police station. He further submitted that from the perusal of the allegations made in the impugned F.I.R., it is apparent that the entire allegations are directed against the petitioner no. 1. Moreover there is no averment in the impugned F.I.R. that the petitioners had abetted the deceased to commit suicide and hence no offence against the petitioners under Section 306 I.P.C. is made out. In view of the above, the role of petitioner nos. 2 to 4 is clearly distinguishable from that of petitioner no. 1 and hence the impugned F.I.R. qua petitioner nos. 2 to 4 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 petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner nos. 2 to 4 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.
As far as petitioner no. 1 is concerned, the petition stands dismissed. However, it is directed that in case the petitioner appears before the court concerned within three weeks from today and applies for bail, the same shall be considered and disposed of expeditiously by the courts below.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 27.11.2018 SA