Allahabad High Court
Ankit Rastogi And 5 Others vs State Of U.P. And 2 Others on 14 January, 2020
Bench: Manoj Misra, Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 562 of 2020 Petitioner :- Ankit Rastogi And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Respondent :- G.A.,Pradeep Kumar Shukla Hon'ble Manoj Misra,J.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents; and perused the record.
The instant petition seeks quashing of the first information report dated 31.10.2019, registered as Case Crime No. 258 of 2019, under Sections 147, 148, 307, 452, 323, 504, 506, 427 of I.P.C., P.S. Sirauli, district Bareilly.
The allegation in the impugned First Information Report is to the effect that accused persons came inside the house of the informant, abused him and removed oxygen pipe and tried to strangulate him. With the intervention of his younger son(Varun), his wife and other persons informant could be saved and the accused left extending threats.
The contention of the learned counsel for the petitioners is that petitioner no.1 is the son of the informant and petitioner no.2 is the daughter-in-law(wife of petitioner no.1). There was property dispute for which series of first information reports have been lodged.
Sri Pradeep Kumar Shukla has appeared for respondent no.3. He states that the matter may be investigated.
Learned counsel for the petitioners states that to grab the property the informant has set up a false case against the petitioner.
Be that as it may, as the allegations disclose commission of cognizable offences, the prayer to quash F.I.R. cannot be accepted. However, considering the facts and circumstances of the case, as the parties to the dispute are family members, 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 the petitioners 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 :- 14.1.2020 mt