Allahabad High Court
Sompal Singh And Another vs State Of U.P. And 2 Others on 13 December, 2019
Bench: Manoj Misra, Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 25486 of 2019 Petitioner :- Sompal Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Saini Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; Sri Kuldeep Kumar for the respondent no.3; and perused the record.
The instant petition seeks quashing of the first information report dated 18.07.2019 registered as Case Crime No.215 of 2019, under Sections 498-A, 323, 307, 504 IPC and Section 3/4 of D.P. Act, P.S. Lalkurti, District Meerut.
The contention of the learned counsel for the petitioners is that although the allegations made in the impugned first information report disclose commission of cognizable offence but the entire family of the husband has been implicated including the Nanad and Nandoi, who are residents of Uttarakhand.
Be that as it may, as the allegations disclose commission of cognizable offence, the matter would have to be investigated and, therefore, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering that the petitioners are Nanad and Nandoi and there is no specific allegation against them of causing injury to the victim, which is specific against her husband, 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 they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they co-operate in the investigation.
Order Date :- 13.12.2019 AKShukla/-