Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 7432 of 2018 Petitioner :- Sonu Seth And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard Sri Rajendra Kumar Singh, learned counsel for the petitioners, learned AGA for the respondents-State and perused the record.
This petition for writ under Article 226 of the Constitution of India is preferred with a prayer to quash the first information report dated 11.03.2018 bearing FIR No. 110 of 2018 pending investigation at Police Station - Kotwali, District - Jaunpur pertaining to offence punishable under Sections 376, 506 IPC.
Learned counsel for the petitioners submits that as per the averments contained in the first information report the main accusation is against Sri Subhash Chand, who happens to be father-in-law of informant. It is asserted that there is no evidence to establish commission of crime as per provisions of Section 376 IPC against the petitioner no. 1- Sonu Seth, the same is the position with petitioner no. 2- Gulabi Devi who is mother-in-law of the informant.
Having considered the facts stated in the first information report, we do not find any just reason to quash the first information report as that discloses commission of an offence cognizable.
However, looking to the nature of the case and other surrounding circumstances, we deem it appropriate to direct the respondent no. 2- Station House Officer not to arrest the petitioners- Sonu Seth, Gulabi Devi in relation to first information report referred to above till submission of the police report under Section 173 (2) of the Code of Criminal Procedure. Petitioners shall cooperate in the investigation.
The writ petition stands disposed of accordingly.
Order Date :- 27.3.2018 Rameez .
(Ashok Kumar,J.) (Govind Mathur,J.)