Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24140 of 2019 Petitioner :- Shiv Ji Mishra And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sachin Mishra,Bala Nath Mishra,Ram Vishal Mishra Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; Sri Vikash Tripathi for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 25.10.2019 registered as Case Crime No. 380 of 2019 at P.S. Kyedganj, District- Prayagraj, under Sections 323, 504, 506, 313, 498-A I.P.C. and section 3/4 D.P. Act.
The contention of the learned counsel for the petitioners is that the petitioner no.1 is the Chachia Sasur, and petitioner no.2 is the Chachia Sas of the informant and the petitioner nos. 3, 4 and 5 are the cousins of the informant's husband and they have been falsely implicated just to exert pressure on the entire family. It has been submitted that the main allegations are against the husband of the informant.
Be that as it may, as the allegations disclose commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case as also the relationship of the petitioners with the respondent no.4, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and brought to its logical conclusion but, subject to the petitioners' co-operation in the investigation, they shall not be arrested till submission of police report under Section 173 (2) CrPC.
It is made clear that this protection has not been extended to the husband of the informant, inasmuch as he is not party in this petition.
Order Date :- 26.11.2019 Sunil Kr Tiwari