Writ petition for quashing FIR regarding accidental discharge during a marriage ceremony at petitioner's guest house was not quashed but non-arrest order granted pending police report.
Writ petition disposed; non-arrest order granted pending police report under Section 173(2) Cr.P.C.
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Court No. - 39 Case :- CRIMINAL MISC. WRIT PETITION No. - 3989 of 2020 Petitioner :- Jag Mohan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijai Prakash Yadav Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State respondents.
The instant writ petition has been filed seeking for quashing of the First Information Report dated 12.12.2019 in Case Crime No. 1089 of 2019, under Sections 286 and 307 IPC, Police Station Soraon, District Prayagraj (Allahabad).
It is contended that the petitioners herein have no concern with the incident which occurred during a marriage ceremony on 11.12.2019 in the Guest house owned by the petitioner no. 1. The petitioner no. 2 is brother of the petitioner no. 1 and none of the petitioners were participating in the marriage ceremony. They have only let out the premises for the purpose of ceremony. Moreover, the allegations in the first information report are with regard to the incident of 'Harsh firing' (Ceremonial firing) made by the members of the marriage party, which could not be attributed to any negligence of the Guest House owner or his brother.
Learned A.G.A., on the other hand, opposed the prayer for quashing of the first information report.
Be that as it may, though we do not find it a fit case for quashing of the first information report at the instance of the petitioners, however, it is provided that the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C in Case Crime No. 1089 of 2019, under Sections 286 and 307 IPC, Police Station Soraon, District Prayagraj (Allahabad). They shall, however, cooperate with the investigation and shall not make any effort to influence any witness or tamper with the evidence.
The criminal writ petition is disposed of .
Order Date :- 15.6.2020 Brijesh
1 issue framed by the court
Whether the First Information Report should be quashed in the given circumstances.
1 provisions across 1 enactments
Jag Mohan
Other Petitioner
State Of U.P.
Sunita Agarwal
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
