Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15710 of 2019 Petitioner :- Uttasav And 4 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Shashi Kumar Counsel for Respondent :- G.A.,Sandeep Saxena
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; Shri Sandeep Saxena learned counsel for respondent no. 3 and perused the record.
The instant petition seeks quashing of the first information report dated 17.05.2019 registered as Case Crime No. 1059 of 2019, under Sections 323, 352, 307, 376, 377, 498A, 504 and 506 I.P.C.
read with Section 3/4 D.P. Act, Police Station- Kavi Nagar, District- Ghaziabad.
The contention of the learned counsel for the petitioners is that although the victim may have sustained injuries but the fact of the matter is that the victim is addicted to liquor. Victim sustained injuries on account of her fall and it cannot be attributed to the petitioner. It has been submitted that there are general allegation against the entire family of her husband and specific allegation is only against husband (Dr. Uttasav) petitoner no. 1.
Be that as it may, as correctness of the allegations are not, ordinarily, to be tested in the writ petition, the prayer of the petitioners to quash the first information report cannot be accepted as the matter require investigation.
However, considering the facts and circumstances of the case, as general allegations are levelled against other family members, namely, petitioners 2 to 5, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but, in so far as petitioner no. 2 (Sushil Kumar Sahu), petitioner no. 3 (Smt. Gunjan Sahu), petitioner no. 4 (Parva) and petitioner no. 5 (Yaswi) are concerned, investigation may continue against them but they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
However, since specific allegation is there against petitioner no. 1 (Dr. Uttasav), his petition stands dismissed.
Order Date :- 31.5.2019 Sharad/-