Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15707 of 2019 Petitioner :- Sandeep And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bijai Nath Yadav,Prem Prakash Yadav,Satya Prakash Yadav Counsel for Respondent :- G.A.,Dinesh Chandra Yadav
Hon'ble Vipin Sinha,J. Hon'ble Pankaj Bhatia,J.
Vakalatnama filed by Sri R.K. Shahi, learned Advocate, on behalf of respondent no. 4, is taken onr ecord.
Heard learned counsel for the petitioners, Sri R.K. Shahi, learned counsel for the respondent no. 4 and Sri Yogeshwar Rai,, learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.372 of 2019, under Section 306, IPC, Police Station Cantt., District Varanasi.
The contention of learned counsel for the petitioners is that the petitioners had no direct role in the controversy. The girl was emotionally disturbed because of break up of her marriage. There is nothing on record and abatement on the part of the petitioners. It is further submitted that no custodian interrogation is required. It is also submitted that complainant- respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; that apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Sri R.K. Shahi, learned counsel for the complainant has strongly opposed the contention of the petitioners.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 31.5.2019 Puspendra