Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 24224 of 2017 Petitioner :- Ram Gopal Soni And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gunjan Dwivedi,Deepak Verma Counsel for Respondent :- G.A.,Vipin Chandra Pandey
Hon'ble Krishna Murari, J.
Hon'ble Akhilesh Chandra Sharma, J.
We have heard learned counsel for the petitioners and learned A.G.A.
This writ petition under Article 226 of the Constitution of India has been filed by the petitioners for quashing the impugned First Information Report registered as Case Crime No. 419 of 2017, under Section 147/323/324/504/506/452 I.P.C., Police Station Kotwali Katra District Mirzapur so far as it relates to the petitioners and also for direction to the opposite parties not to arrest them in pursuance of the impugned F.I.R.
It is contended that the impugned first information report has been lodged on false and frivolous allegations implicating the entire family members in retaliation to the earlier first information report lodged by father of petitioners against the first informant and other family members under Section 308/504 IPC.
Learned AGA opposed the petition.
We have gone through the allegations contained in the impugned F.I.R., which, prima facie, discloses commission of cognizable offence, as such, we are not inclined to interfere in the F.I.R.
However, in view of the facts and the allegations made in the FIR, writ petition stands finally disposed of with the direction that the petitioners shall not be arrested in the aforesaid case crime number till cogent and credible evidence is collected showing the complicity of the petitioner in the instant case subject to their cooperation in the investigation, which will go on and shall be brought to a logical end.
Order Date :- 7.11.2017 Dcs