Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government Advocate who has accepted notice on behalf of opposite parties no. 1 and 2. Issue notice to opposite party no. 3 returnable at an early date. Opposite parties may file counter affidavit within six weeks. Two weeks thereafter are granted to the petitioners to file rejoinder affidavit, if any.
The petitioners have approached this Court by means of this Writ Petition with the prayer for quashing FIR relating to case crime no. 14 of 2010 under sections 211, 487, 182, 195, 420 & 120-B IPC of Police Station Ashiyana district Lucknow As it comes out from the FIR and pleadings of the parties that one Gaurav Pandey had enticed away one Nancy. FIR of said incident was lodged by Dileep Kumar Pandey, father of Gaurav Pandey being case crime no. 542 of 2009 under Section 364 IPC at police station Ashiyana. Subsequently, it is alleged, that the father of Gaurav Pandey identified one unclaimed dead body through the photographs preserved at the police station to be of his son Gaurav Pandey. Thus, the case was altered to Section 302 & 201 IPC. Later on, Nancy was recovered along with Gaurav Pandey from Charbagh, Lucknow.
Now the impugned FIR has seen the light of the day on the ground that the petitioners have committed offence with respect to the provisions of sections 211, 487, 182, 195, 420 & 120-B IPC Argument advanced by learned counsel for the petitioners is that at no point of time the petitioners had played any role in the commission of aforesaid crime and merely on the basis of statement recorded of Gaurav Pandey that the petitioners were in the know that Gaurav Pandey had enticed away Nancy, the petitioners have been involved in the aforesaid crime. It is further argued that the petitioners have no role to play in the enticement of Nancy, as alleged, by Gaurav Pandey.
Let the things be as they are. considering the overall aspect of the matter, it is directed that the petitioners shall not be arrested in the above mentioned case crime number till further orders of this court or till filing of report under Section 173 Cr.P.C., as the case may be, provided the petitioners cooperate with the investigation which shall go on.
List the petition after expiry of period granted for exchange of affidavits.
Order Date :- 3.2.2010 anb