Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2992 of 2021 Petitioner :- Sonu And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Narayan Yadav Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Learned counsel for the petitioners submits that the petitioners have been falsely roped in the Case Crime No. 20 of 2021 under Sections 302, 506 IPC following the impugned First Information Report lodged by the respondent No. 3 with the police station - Linepar, District - Firozabad.
The learned counsel for petitioners submits that initially a report was lodged by the police that the deceased (son of the respondent No. 3) died accidentally in night while digging sand illegally along with his companions who have come up before this Court by means of the present petition.
Later on, this second First Information Report has been lodged by the police at the behest of the respondent No. 3 on the allegation that her son was taken away by the petitioners and was done to death by them. It also appears that this First Information Report has been lodged under the order passed on an application moved by the respondent No. 3 under Section 156 (3) of Cr.P.C one month after the death of her son, namely, Bablu.
Learned AGA has opposed the prayer made in the writ petition but has not disputed the fact that there are two FIRs lodged about the death of deceased Bablu. The initial one has been lodged by the police alleging that the deceased died accidentally and the next FIR lodged by the respondent No. 3 under the order passed on the application under Section 156 (3) of Cr.P.C. At this stage, the learned AGA is not in a position as to which out of the two FIRs narrates true story.
After considering the submissions of the learned counsel for the parties and looking the peculiar fact and circumstance of this case, we deem it fit to direct the police authorities that they will not arrest the petitioners in the Case Crime No. 20 of 2021 under Sections 302, 506 IPC arising out of the impugned First Information Report lodged by the respondent No. 3 with the police station - Linepar, District - Firozabad till there is concrete evidence against them.
With these observations, this writ petition is finally disposed of.
Order Date :- 11.5.2021 LBY