Criminal Misc. W.P. seeking quashing of an FIR alleging murder and concealment of a person. Bench directed continuation of investigation but stayed arrest of petitioners pending police report.
Investigation to continue but petitioners not to be arrested till submission of police report under Section 173(2) CrPC, provided they cooperate.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 6601 of 2019
Petitioner :- Abbal Singh And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajendra Kumar Counsel for Respondent :- G.A.,Vipin Kumar
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; learned AGA for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 19th February, 2019 registered as Case Crime No.26 of 2019, under Sections 364 and 201 IPC at Police Station Saket, District Etah.
The allegation in the impugned first information report, which has been lodged by father of missing person, is that the son of the informant, namely Gopi Chand, was married to Meena Devi @ Shakuntala (petitioner no.2) on 15th June, 2003. It is alleged that the son of the informant had left his house to fetch his wife and since then he had not returned back. It is alleged that an effort was made to lodge a report on 20th June, 2013 but nothing concrete happened and therefore the first information report is being lodged through an application under Section 156(3) CrPC.
The thrust of the allegation in the impugned first information report is that the petitioners, who are the wife and other in-laws of son of the informant, have secreted the informant's son and might have murdered him and disposed off his body.
The petitioners have filed this petition by claiming that the son of the informant had neglected his wife and has eloped with someone else and had been residing at Panipat in the State of Haryana and when the petitioner no.2 had drawn proceeding against her in-laws by filing Complaint Case No.1872 of 2017 just to coerce the petitioners into submission, the impugned first information report has been lodged.
On 14th March, 2019, this court had passed the following order:
"The contention of learned counsel for the petitioners is that the respondent no.4's (informant of the impugned First Information Report) son was married to the petitioner no.2 and had been missing since the year 2003. It has been submitted that when the petitioner no.2 filed a complaint under Section 498-A I.P.C. against her in-laws and they were summoned, the impugned First Information Report has been lodged through an application under
Section 156 (3) CrPC alleging that the husband of the petitioner no.2 has been secreted by the petitioners. It has been submitted that husband of the petitioner no.2 had been missing since the year 2003 and the impugned First Information Report is wholly mala fide.
The matter requires consideration.
Learned AGA has accepted notice on behalf of respondents 1, 2 and 3.
Let notice be issued to the respondent no.4 fixing 30th April, 2019. By the next date, the respondents shall file their respective counter affidavits.
List this petition on 30th April 2019.
Till the next date of listing or till submission of police report under Section 173 (2) CrPC, whichever is earlier, the petitioners shall not be arrested in Case Crime No.26 of 2019, under Sections 364 and 201 I.P.C., police station Sakeet, district Etah. It is made clear that this court has not stayed the investigation."
A short counter affidavit has been filed by the Investigating Officer disclosing that the investigation is still pending.
It has not been disclosed in the counter affidavit that any evidence has been collected as regards death of missing person or the missing person being last seen with the petitioners.
In view of the above, without expressing any opinion on the merits of the allegations and counter allegations, we deem it appropriate to dispose of the petition by providing that investigation of the above case shall continue and be brought to its logical conclusion but subject to the petitioners' co-operation in the investigation, they shall not be arrested till submission of police report under Section 173 (2) CrPC. It is, however, made clear that the petitioners shall make themselves available for interrogation as and when required by the Investigating Agency. A failure in that regard would be deemed non-cooperation in the investigation and, in that event, protection granted above would not be available.
Order Date :- 21.5.2019. Rks.
Abbal Singh and 4 Others
State Of U.P. and 3 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
