Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 17582 of 2020 Petitioner :- Sher Bahadur @ Kalwa And 3 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohammad Zakir Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
Petitioners have made following prayers:-
(i) issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 7.11.2020 registered as Case Crime no. 696 of 2020, u/s 323, 452, 504, 506 IPC, P.S.
Gulaothi, District Bulandshahar.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned F.I.R. dated 7.11.2020 during the pendency of the writ petition.
(iii) issue any other writ, order, or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
After going through the petition we are convinced that no case is made out for interference under Article 226 of the Constitution of India. It is alleged that the petitioners have committed offence u/s 323, 452, 504, 506 IPC. Investigation is still going on. We do not think that investigation should be anguished in its inception. Hence, we do not feel as to what are settlement of the person towards in the vicinity of the complainant. It has rightly been pointed out by learned counsel for the State that this is not a first incident. Complainant is a widow lady and her son is in Arm forces and it is stated that petition requires to be rejected.
It is submitted by learned counsel for the petitioner that there is no injury marks. We would not like to interfere with the investigation or pass any direction.
No case is made out. Petition is, accordingly, dismissed.
Order Date :- 6.1.2021 Dhirendra/