Allahabad High Court
Arun Kumar @ Banti And 4 Others vs State Of U.P. And 2 Others on 5 February, 2020
Bench: Manoj Misra, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 25888 of 2019 Petitioner :- Arun Kumar @ Banti And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 02.10.2019 registered as Case Crime No. 205 of 2019 at P.S. Mahila Thana, District- Ghaziabad, under Sections 498-A, 323, 504, 506, 354-A, 354B, 354C, 377 I.P.C. and section 3/4 of D.P. Act.
On 19.12.2019, after considering the submissions of the learned counsel for the petitioners, following order was passed:-
"The contention of learned counsel for the petitioners is that according to the allegations in the impugned first information report the informant (victim) was thrown out of her matrimonial home on 2nd June, 2019. It has been submitted that in respect of that offence, a first information report was lodged by the informant (Smt. Kiran Singh Chauhan), which was registered as Case Crime No.282 of 2019 at police station Khoda, district Ghaziabad under Sections 498-A, 323, 504 and 506 IPC and Section 3/4 of Dowry Prohibition Act, and, now, the informant has lodged second first information report in respect of the same incident.
Learned counsel for the petitioners submitted that since already a first information report has been registered, second first information report should be taken as a statement of the informant during the course of investigation and should not be registered as a separate case.
The matter requires consideration.
Learned AGA has accepted notice on behalf of respondents 1 and 2.
Let notice be issued to the respondent no.3 fixing 5th February, 2020. By the next date, the respondents shall file their respective counter affidavits.
List this petition on5th February, 2020.
Till the next date of listing, the petitioners shall not be arrested in Case Crime No.205 of 2019, under Sections 498-A, 323, 504, 506, 354-A, 354-B, 354-C and 377 IPC and Section 3/4 of Dowry Prohibition Act, police station Mahila Thana, district Ghaziabad though it will be open for the Investigating Agency to proceed against the petitioners with reference to Case Crime No.282 of 2019 registered at police station Khoda, district Ghaziabad. "
Till date, neither the learned A.G.A. nor the respondent no.3 has filed counter-affidavit.
The Office has submitted a report that petitioners have not taken steps to serve the respondent no.3.
Considering the nature of the order that we propose to pass, we do not consider it necessary to await response from the respondent no.3 or from the State-respondents.
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 petitioners shall not be arrested till submission of police report u/s 173(2) Cr.P.C. provided they cooperate in the investigation.
Order Date :- 5.2.2020 Sunil Kr Tiwari