Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5475 of 2019 Petitioner :- Shiv Kumari Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subhash Gosain Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 05.02.2019 registered as Case Crime No. 57 of 2019 at P.S. Badagaon, District Varanasi, under Sections 419, 420, 467, 468, 504, 506 I.P.C.
The contention of the learned counsel for the petitioners is that though on a bare reading of the first information report, it may appear that various cognizable offences have been committed but the fact of the matter is that specific details as regards commission of offences punishable under Sections 419, 420, 467, 468 I.P.C. are not disclosed. Though it is stated that some documents were got signed but the nature of those documents and where they were used is not disclosed. In so far as allegations relating to offences punishable under Sections 504 and 506 I.P.C. are concerned, they have been levelled with a mala fide intention only because the petitioner no.1 had lodged a first information report against respondent no.4 (the informant of the present case), which has been registered as Case Crime No. 757 of 2017, under Section 376 and 506 I.P.C.
Whether the allegations made in the impugned first information report are correct or not is not to be tested in writ jurisdiction therefore the prayer of the petitioners to quash the first information report is not acceptable, particularly, because it discloses commission of cognizable offences.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioners' co-operation in the investigation, the petitioners shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 28.2.2019 Sunil Kr Tiwari