Allahabad High Court
Kashiram And Others vs State Of U.P. Thru Addl Chief Secy Home ... on 11 August, 2022
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 5225 of 2022 Petitioner :- Kashiram And Others Respondent :- State Of U.P. Thru Addl Chief Secy Home Civil Sectt Lko And Others Counsel for Petitioner :- Sudhir Singh 'Raghuvanshi' Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
This petition seeks issuance of a writ in the nature of Certiorari quashing the impugned F.I.R. dated 12.02.2019 registered as F.I.R. No. 0036 of 2019, under Section 306 I.P.C., Police Station Patti, District Pratapgarh.
Heard Shri Sudhir Singh 'Raghuvanshi', learned Counsel for the petitioners, Shri D.S. Rana, learned AGA for the State/respondents no. 1 and 2 and perused the material brought on record.
In compliance of the order dated 2.8.2022 read with order dated 5.8.2022, S.I. Radhey Shyam Singh, Investigating Officer of the case is present and states that during course of investigation, credible and incriminating evidence have not been found against the petitioner no.2-Tulsiram and petitioner no.3-Parana Devi, hence their names have dropped from the array of the accused in the F.I.R. So far as petitioner no.1-Kashiram is concerned, he states that petitioner no.1 is absconding and as such, investigation against him is pending.
Having heard learned Counsel for the parties and gone through the record, it transpires from the impugned F.I.R. that it discloses cognizable offence, hence the impugned F.I.R. is not liable to be quashed against the petitioner no.1-Kashiram.
In view of the aforesaid, the writ petition is dismissed. Interim order, if any, stands vacated.
However, considering the fact that the investigation of the impugned F.I.R. is pending since 2019, this Court direct S.I. Radhey Shyam Singh, Investigating Officer of the case (respondent no.2) to conclude the investigation and submit the police report in accordance with law before the Court concerned within three weeks from today.
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(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 11.8.2022 Ajit/-