Vijay Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and 3 Others

Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 4806 of 2023 Petitioner :- Vijay Singh And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 3 Others Counsel for Petitioner :- Sudhakar Mishra Counsel for Respondent :- G.A. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard learned counsel for the petitioners as well as learned A.G.A. for the State-respondents. The present writ petition under Article 226 of the Constitution of India has been filed for quashing of the F.I.R. No.147/2023 under Sections 376, 406, 323, 506 IPC, Police Station Harchandpur, District Rae Bareli. Learned counsel for the petitioners submits that the allegations in the F.I.R. are false and concocted. It is further stated that the complainant and the petitioners belong to the same family and dispute is financial in nature. Petitioner No.1 has moved an application under Section 156(3) Cr.P.C. against the opposite party No.4 before the Additional Chief Judicial Magistrate-I, Rae Bareli where the application under Section 156(3) Cr.P.C. has been treated as complaint case. We find some substance in the submission advanced on behalf of learned counsel for the petitioners and therefore, we dispose of this writ petition with direction to the Investigating Officer that he should carry out the investigation in a free, fair and impartial manner and till some credible evidence is collected or found against the petitioners, they shall not be arrested in relation to the F.I.R. in question however, the petitioners shall cooperate in the investigation. Order Date :- 22.6.2023 Saurabh Yadav/- (Syed Qamar Hasan Rizvi,J) (Dinesh Kumar Singh,J) High Court of Judicature at Allahabad, Lucknow Bench