Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 5016 of 2018 Petitioner :- Usha And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Srivastava Counsel for Respondent :- G.A.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Rajeev Misra,J.
Heard learned counsel for the petitioners and the learned AGA for the State.
The petitioner nos. 1 and 2 are the parents of the petitioner no. 3. The petitioner no. 3 was married to the respondent no. 3. It appears that the marriage ran into rough weather, whereafter parties are stated to be involved in a series of litigations that are pending including the divorce suit filed by the petitioner no. 3.
The contention raised is that this First Information Report has been lodged to harass the petitioners. The FIR is of 3rd January, 2017. The petitioners have approached this Court after more than a year alleging that no police report has been submitted till date. In the aforesaid background, the petitioners contend that their harassment has compelled them to approach this Court inspite of the fact that no offence is made out under the sections under which the petitioners are sought to be investigated.
The entire family has been virtually roped into the litigation which appears to be a matrimonial dispute between petitioner no. 3 and the respondent no. 3.
As per the allegations made in the writ petition, since the police report has not been submitted so far, we find it appropriate that the petitioners may be given an interim protection to the effect that they shall not be subjected to any coercive step or arrest during the pendency of the investigation till the police report is submitted under Section 173(2) Cr.P.C.
Consequently we direct the concerned Investigating Officer to proceed with the investigation in the matter and the petitioners shall cooperate with the same but the petitioners shall not be subjected to any coercive step or shall not be arrested till the submission of the police report as indicated above in Case Crime No. 0016 of 2017 under Sections 420, 467, 468, 323, 452, 504, 506, 354, 354(B) IPC and under Section 66(e) of Information and Technology (Amendment) Act, 2008, Police Station Suroorpur, District-Meerut.
Disposed of with the said directions.
Order Date :- 28.2.2018 S.Chaurasia