The Court rejected the prayer to quash the FIR under Section 304 IPC but directed non-arrest of the minor petitioner until the police report is filed under Section 173(2) Cr.P.C., requiring her cooperation in the investigation.
Direction not to arrest petitioner pending filing of police report under Section 173(2) Cr.P.C.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 3734 of 2018
Petitioner :- Kumari Bharti Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajiv Gupta,Subodh Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Govind Mathur,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition for writ is before us with a prayer to quash the First Information Report dated 27.11.2017 bearing Case Crime No. 819 of 2017 pending investigation at Police Station Igalas, District Aligarh pertaining to the offences under Section 304 IPC.
Submission of the learned counsel for the petitioner is that even as per averments contained in the FIR there is no participation of the present petitioner in the crime in question. The sole allegation for causing fatal injury to Suresh Kumar is against Sachin @ Santu S/o Rajkumar and Rajkumar S/o Surajpal. It is further submitted that the petitioner is a minor girl of 14 years and few months.
We have looked into the contents of the First Information Report. The averments contained therein disclose commission of offence cognizable and therefore, at this stage, we are not inclined to quash the First Information Report.
However, looking to all the facts of the case and other surrounding circumstances, we deem it appropriate to direct the Station House Officer, P.S. Igalas, District Aligarh not to arrest the petitioner Kumari Bharti in Case Crime No.819 of 2017 pending investigation at Police Station Igalas, District Aligarh pertaining to the offences under Section 304 IPC till filing of the police report as per provisions of Section 173(2) Cr.P.C. before the Court competent. The petitioner shall cooperate with the investigating agency during course of investigation.
The writ petition, with the observation above, stands disposed of.
Order Date :- 16.2.2018 S.S.
(Ashok Kumar, J.) (Govind Mathur, J.)
2 issues framed by the court
Whether the First Information Report should be quashed in the absence of petitioner's participation in the crime?
Whethe petitioner, a minor, should be arrested pending investigation?
Kumari Bharti
State Of U.P.
Govind Mathur
Ashok Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
