Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11000 of 2019 Petitioner :- Vandana Maurya And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Ojha Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1,2 and 3 and perused the record.
The instant petition has been filed to quash the F.I.R. dated 24.01.2019 registered as case crime no. 0032 of 2019, under Section 364 I.P.C., Police Station-Kayamganj, District-Fatehgarh.
It appears from perusal of the record that husband of the petitioner no.1 (Vandana Maurya) had been missing for quite some time. According to the petitioners, the missing person and petitioner no. 1 were married on 26.04.2014. The missing person and the petitioner no. 1 had travelled to the maternal house of petitioner no. 1 to attend a wedding. It is alleged that thereafter the missing person left from the house of the petitioner no. 1 by claiming that he had some work and would return back within a month and take her back. It is alleged that missing person did not return back and when the person was contacted on his mobile, the same was found switched off. With these allegations, a missing report was lodged on 01.05.2018 by the petitioner no. 1.
As the missing person could not be traced out, the brother of the missing person through an application under Section 156 (3) Cr.P.C., lodged the impugned First Information Report by expressing suspicion against the petitioners for having abducted the missing person.
As it is not in dispute that missing person has not yet been recovered and his body is also not found, the matter would have to be investigated and all possible clues will have to be thoroughly examined to recover the missing person or his body and find out the person responsible for his abduction/murder. As the missing person had left from the place of the petitioner no. 1 and the missing report has been lodged after more than a month from the date when the missing person was last seen alive, the matter would have to be investigated and therefore the prayer to quash the F.I.R. of the petitioner cannot be accepted.
The petition is dismissed.
Order Date :- 25.4.2019 AKT