Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 4798 of 2018 Petitioner :- Seema And 2 Others Respondent :- State Of U.P. Through Principal Secretary Dept. Of Civil Secretariat Lucknow And 2 Others Counsel for Petitioner :- Mahendra Kumar Maurya,Ram Kinkar Upadhyay Counsel for Respondent :- G.A.
Hon'ble Vikram Nath,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 12.12.2017 bearing Case Crime No. 1243 of 2017 pending investigation at Police Station Kotwali, District Mathura pertaining to the offences under Sections 326, 323, 504 I.P.C.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case on absolutely concocted facts. No case is made out against the petitioners for the offences referred in the present F.I.R.
We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Kotwali, District Mathura not to arrest the petitioner no.1 Smt. Seema and petitioner no.3 Radhacharan in Case Crime No.1243 of 2017 pending investigation at Police Station Kotwali, District Mathura pertaining to the offences under Sections 326, 323, 504 I.P.C. till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioners shall cooperate with the investigating agency during course of investigation. So far as petitioner no.2 Arun Kumar Singh is concerned, the writ petition is dismissed against him.
The writ petition, with the observation above, stands disposed of.
Order Date :- 26.2.2018 S.S.
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(Ashok Kumar, J.) (Vikram Nath, J.)