Court No. - 20 Case :- MISC. BENCH No. - 7008 of 2010 Petitioner :- Smt. Uma Mishra & Anr. Respondent :- State Of U.P., Thru. Secretary,Home (Police) Deptt.-1, & Ors Petitioner Counsel :- Sudhakar Audichya Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners, learned A.G.A. and perused the
F.I.R.
The submission of the learned counsel for the petitioner is that as per version
of the First Information Report Km. Anshika Tiwari the daughter of the
complainant, Ashok Kumar Tiwari was enticed away by the accused
Sudhanshu Mishra alias Happy. When the complainant went to the house of
Sudhanshu Mishra alias Happy and inquired from his mother and sister they
threatened him with dire consequences. Learned counsel for the petitioners
submits that the petitioner no.1, Smt. Uma Mishra, is the mother of
Sudhanshu Mishra alias Happy and Km. Tarushi Mishra alias Shivani is his
unmarried sister who is aged about 22 years. There is no evidence that they
had played any role in enticing away the prosecutrix. In fact the son of the
petitioner namely Sudhanshu Mishra alias Happy had disappeared on
02.07.2010 it appears that he had affairs with Anshika Tiwari and they had
slipped away somewhere unknown place. As per the allegation of the First
Information Report no offence under Sections 363, 366 I.P.C. is made out
against the petitioners. Therefore they deserve for interim protection during
the investigation.
Issue notice to opposite party no.4, Ashok Kumar Tiwari, to file counter
affidavit within four weeks. The petitioner may file rejoinder affidavit, if any,
within two weeks’ thereafter.
List immediately after expiry of the aforesaid period.
Learned A.G.A. has opposed the petition.
Considered the submission of the learned counsel for the petitioner and the
learned A.G.A., keeping in view the facts and circumstances of the case it is
provided that till the next date of listing or filing of the charge-sheet/police
report under Section 173 Cr.P.C., whichever is earlier, the petitioners (Smt.
Uma Mishra and Km. Tarushi Mishra alias Shivani) will not be arrested by
the Investigating Officer in Case Crime No.1651 of 2010, under Sections 363,
366, 506 I.P.C., Police Station Kotwali, District Sitapur subject to their
cooperation in the investigation which will go on.
Order Date :- 27.7.2010
PAL