Dr. Naveen Chandra Lohani And Anr. vs State Of U.P. And Others
2012 Latest Caselaw 4516 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 2035 of 2011
 

 
Petitioner :- Dr. Naveen Chandra Lohani And Anr.
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- D.K. Singh,A.K. Rai,Sunil Kumar Singh
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Vijay Prakash Pathak,J.

Petitioners before this Court seek quashing of the first information report dated 14.01.2011, registered as Case Crime No. 41 of 2011, under Sections 498A, 323, 506, 307 I.P.C. and 3/4 D.P. Act, Police Station-Kotwali, District-Ghaziabad.

Under order of the Court dated 01.02.2011 the matter was referred for mediation, being matrimonial in nature. Report of the mediation centre dated 28.05.2011 is on record. It is reported that the parties are not willing for mediation. Mediation has, therefore, failed.

We have gone through the first information report. It does disclose a cognizable offence and therefore no case is made out for quashing of the first information report.

Writ petition is dismissed. Interim order, if any, stands discharged.

However, in the facts of the case since the petitioners are stated to be brother-in-law and sister-in-law (Nandoi and Nanad) and further that they are stated to be resident of a different place, we deem it fit and proper to provide that the petitioners shall not be arrested till filing of the police report. It is further provided that the investigation shall be proceeded with due diligence and with all promptness and if possible may be completed within three months, if not already completed.

Learned A.G.A. shall forward a copy of this order to the S.P./S.S.P. concerned for the investigation being completed with due diligence, if not already completed.

Order Date :- 26.9.2012

Pkb/