Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5076 of 2010 Petitioner :- Bharat Chhabra & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- H.K. Sharma,Manu Sharma Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Hon’ble Rajesh Chandra,J.
We have heard learned counsel for the petitioners, learned A.G.A. and
have perused the impugned F.I.R.
The petitioners through the present writ petition have invoked the
extraodinary jurisdiction of this Court under Article 226 of The
Constitution of India prayidng for a writ, order or direction in the nature
of certiorari quashing the impugned F.I.R. dated 25.03.2010 relating to
crime no. 118 of 2010, under Sections 323, 504, 506, 498-A I.P.C. and
3/4 D.P. Act, P.S. – Singra, District – Varanasi, vide annexure no. 1.
The ancillary prayer is to issue a writ of mandamus commanding the
respondents not to arrest the petitioners in the aforesaid crime number
pendentelite the writ petition.
Since we find that the case of petitioner Nos. 1, 3 and 6, who are
husband, mother-in-law and father-in-law, is distinguishable from rest
of the petitioners, therefore, this writ petition is dismissed in respect of
that petitioner. However their bail prayer is directed to be considered
without unreasonable delay, if possible on the same day.
Learned counsel for the petitioners is directed to serve respondent no. 3
through RPAD within a period of a week from today.
Respondent no. 3 as well as learned A.G.A. may file a counter affidavit
within three weeks. Learned counsel for the petitioners will have one
week thereafter to file rejoinder affidavit.
List this petition in week commencing 3rd of May, 2010 for
admission/final disposal before the appropriate Bench.
So far as petitioner nos. 2, 4 and 5 are concerned, since we find that
their case is distinguishable and there are no specific allegation against
them. We, therefore, direct that the investigation in the aforesaid crime
shall go on but the petitioner no. 2, Rajesh Chhabra, petitioner no. 4,
Soni Chhabra and petitioner no. 5, Krishna Chhabra shall not be
arrested till the submission of charge sheet against them in the aforesaid
crime.
Order Date :- 2.4.2010
M/A.