Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10431 of 2018 Petitioner :- Suresh Nath Gupta And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the parties.
This writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR registered dated 23.03.2018 registered as Case Crime No. 69 of 2018, under Sections 363, 366, 376, 323, 504, 506 I.P.C., Police Station Kolhui, District Maharajganj.
Learned counsel for the petitioners submits that all the four petitioners have been named in the FIR, which has been lodged in pursuance of the application under Section 156(3) CrPC; the incident is alleged to have taken place on 25.07.2015.
Further contention of learned counsel for the petitioners is that Amit Gupta son of petitioner no.1 Suresh Nath Gupta has solemnized marriage with the first informant/Opposite Party No.4 Gunja on 30.07.2017; the statement under Section 164 CrPC of the girl is at page no. 38 of the writ petition.
In view of the facts and circumstances of the case and with the consent of learned counsel for the parties and keeping in view the law as laid down in the case of Sachin Pawar v. State of U.P. Passed in Criminal Appeal No. 1142 of 2013 decided on 2.8.2013 and the principles as laid down by the Apex Court in the cases of Lata Singh v. State of U.P. And another; 2011(6) SCC 396 and Shakti Vahini v. Union of India passed in Writ Petition (Civil) No. 231 of 2010, no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-
(a) Till the submission of police report under Section 173(2) Cr.P.C. no coercive action shall be taken or initiated against the petitioners, however they shall participate and cooperate with the investigation;
(b) Copy of this order shall be forwarded to the concerned SSP/SP through the office of Government Advocate of this Court, who shall look into the matter and thereafter shall ensure that fair investigation is done in accordance with law;
(c) The investigation shall be completed, if not already completed, at the earliest without any whims, caprice or personal notion of morality;
(d) Liberty is also given to the respondents that if anyone of them has any grievance with this order, he/she may move recall application in the present proceedings itself;
(e) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to.
The writ petition, accordingly, stands disposed of finally.
Order Date :- 24.4.2018 Nadim