Nagendra Pal And 3 Others vs State Of U.P. And 2 Others
2019 Latest Caselaw 6029 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 15495 of 2019
 

 
Petitioner :- Nagendra Pal And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Upendra Kumar Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Raj Beer Singh,J.

Heard Sri Upendra Kumar Pandey, learned counsel for the petitioners, Sri. A.R. Chaurasia, learned A.G.A. appearing for the State and perused the impugned F.I.R. as well as material brought on record.

The relief sought in this petition is for quashing of the F.I.R. dated 12.04.2019 registered as Case Crime No. 0211 of 2019, under sections 323, 308, 498A I.P.C. and 3/4 Dwory Prohibition Act, police station Phoolpur, District- Varanasi.

It has been submitted by the learned counsel for the petitioners that the petitioners including petitioner nos. 3 and 4, who are lady, have been falsely implicated in the present case though no offence as has been mentioned in the F.I.R. is made out against them, hence the present F.I.R. is liable to be quashed.

Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence but could not dispute the fact that petitioner no. 3 and 4 are lady.

After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:

(i) Investigation of the aforesaid case shall go on but taking into account that petitioner no. 3 Sanju Devi and petitioner no.4 Ankita Devi are lady, they shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.

With this direction, this petition is finally disposed of.

(ii) As far as the petitioner no. 1 Nagendra Pal and petitioner no.2 Savitri Pal are concerned, following order has been passed.

Learned counsel for the petitioner/s submits that he is not pressing this petition so far as it relates to quashing of impugned FIR. He further submits that in view of the notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, provisions of anticipatory bail have been made applicable in the State of Uttar Pradesh and, therefore, the petitioner/s may be permitted to withdraw this petition with liberty to file an application under Section 438 of Cr.P.C. before the competent Court.

Learned State Counsel has no objection to this proposition.

The petition is, accordingly, dismissed, as withdrawn, with the aforesaid liberty.

Needless to state that in the eventuality of filing any such application by the petitioner/s, the same would be decided in accordance with law.

Order Date :- 9.7.2019

T.S.

(Raj Beer Singh, J.) (Ramesh Sinha, J.)