Hon'ble Alok Mathur,J.
Heard learned counsel for the petitioners as well as learned A.G.A. for the State.
By means of instant writ petition the petitioners have prayed for a writ, order or direction in the nature of certiorari quashing the first information report /case crime No.429 of 2020 lodged by opposite party No.4 on 27.11.2020 under Sections- 406, 420, 467, 468, 471 IPC at police station Wazirganj, District Lucknow.
The petitioners, according to their stand in the present petition, are neither the beneficiaries of the loan transaction nor have they otherwise influenced the main accused Sandeep Srivastava for pledging the jewelry of the complainant. The petitioners are brother-in-law (Devar) and sister-in-law (Devrani) of the complainant. It has also been stated in the writ petition that they are living separately since the year June, 2015 and are engaged in the profession of chartered accountancy. It is under these circumstances that the impugned first information report is stated to be an abuse of process of law. The main accused Sandeep Srivastava, being husband of the complainant, in whose name the loan has been sanctioned, has already been taken into custody by the police authorities.
Looking to the contents of the first information report, a prima facie case for interference is made out. For the reasons recorded above, until credible evidence is disclosed against the petitioners and police report under Section 173 (2) Cr.P.C. is filed, they shall not be arrested in pursuance of the aforesaid case crime.
With these observations the petition stands disposed of.
Order Date :- 25.2.2021 RKM.