Court No. - 20 Case :- MISC. BENCH No. - 6305 of 2010 Petitioner :- Budh Sagar Gupta & Others Respondent :- State Of U.P., Thru. Prin. Secy.,Home & Others Petitioner Counsel :- Krishan Kanhaya Pal,Raj Nath Singh Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned A.G.A. for the
State as well as perused the record.
This writ petition under Article 226 of the Constitution of India has
been filed by the petitioners for quashing the impugned First
Information Report 02.5.2010 lodged by the Opposite Party No. 4
in case Crime No. 560/2010, under Sections 363, 366, 504, 506 IPC
registered at Police Station Kotwali Dehat, District Bahraich and for
directing the opposite parties not to arrest them in pursuance of the
impugned First Information Report.
The submission of learned counsel for the petitioners is that the
Petitioner No. 1 (Budh Sagar Gupta) and Petitioner No. 2 (Smt.
Mankora) are husband and wife while the Petitioner No. 3 (Santosh
Kumar Gupta) is the son of the Petitioner No. 1. No specific role
has been assigned by the complainant to these accused. Learned
counsel further submits that the petitioner no. 2 (Smt. Mankora)
was admitted in Shyama Prasad Mukherjee Hospital, Lucknow on
12.4.2010 for her treatment. She remained admitted there up to
30.4.2010. The petitioner no. 1 (Budh Sagar Gupta) was attending
the petitioner no. 2 (Smt. Mankora) while the occurrence is alleged
to have taken place on 28.4.2010. Therefore, the involvement of
petitioner no. 1 (Budh Sagar Gupta) and petitioner no. 2 (Smt.
Mankora) along with the others in enticing away the prosecutrix
apparently appears to be false. The petitioner nos. 1 and 2 are old
aged person too, therefore they need protection.
We have gone through the contents of the First Information Report
which discloses the commission of cognizable offence and as such
it cannot be quashed.
The writ petition is, therefore, dismissed.
However, keeping in view the facts of the case as well as the ailing
condition of Petitioner No. 2 (Smt. Mankora), it is provided that she
will not be arrested by the Investigating Officer during the course of
investigation till credible and cogent evidence is collected by the
Investigating Officer against her.
It is further provided that, in the case of Petitioner Nos. 1 and 3
appear before the Court below and move any application for bail,
the same shall be heard and decided by Court below expeditiously.
Order Date :- 6.7.2010
Santosh/-