Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5238 of 2019 Petitioner :- Shiv Kumari And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hari Bans Singh 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 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 01.10.2018 registered as Case Crime No. 153 of 2018 at P.S. Ghorawal, District Sonbhadra, under Sections 452, 323, 504, 506, 427 I.P.C.
The allegations in the impugned first information report are that the accused-petitioners are neighbour of the informant and on account of dispute between children while playing, the accused came to the house of the informant, abused the informant and also assaulted the informant thereby causing her injuries as also damage to the property. It is stated that the informant has also been examined for her injuries.
The learned counsel for the petitioners states that on account of being neighbours and there being illwill between the petitioners and the informant, exaggerated allegations have been made whereas no serious injury has been sustained by the informant. It has also been contended that the petitioner no.1 and the petitioner no.3 are ladies and they have been falsely roped in along with the petitioner no.2.
Be that as it may, as the allegations made in the first information report do disclose commission of cognizable offences, the prayer of the petitioners to quash the first information cannot be accepted.
However, looking to the facts of the case that the petitioner no.1 (Shiv Kumari); and petitioner no.3 (Indrawati Devi) are ladies, we deem it appropriate to dispose off this petition by providing that in so far as the petitioner nos. 1 and 3, as above, are concerned, the investigation shall continue and be brought to its logical conclusion but, subject to their co- operation in the investigation, they shall not be arrested, till submission of police report under Section 173(2) Cr.P.C. In so far as petitioner no.2 (Radhey Shyam) is concerned, the petition is dismissed with liberty to apply for bail.
Order Date :- 26.2.2019 Sunil Kr Tiwari