Manjeet Kaur And Others v. State Of U.P. Thru. Prin. Secy. Home Civil Sectt. U.P. Lko. And Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 853 of 2023

Petitioner :- Manjeet Kaur And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. U.P. Lko. And Others Counsel for Petitioner :- Amrit Kumar Tiwari Counsel for Respondent :- G.A.

Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J.

Heard learned counsel for the petitioners and learned AGA for the State.

By means of this writ petition the petitioners have assailed the FIR No. 177/2018 dated 5.5.2018 under Sections 419, 420, 467, 468, 471 IPC, Police Station Mohammadpur Khala, District Barabanki.

Learned counsel for the petitioners has argued that the FIR lodged against the petitioners was previously assailed before this Court in Writ Petition No. 19892 of 2018 wherein the petitioners were granted protection by order dated 26.7.2018.

On conclusion of the investigation, final report was submitted before the competent court. However, the complainant filed a protest petition against the submission of final report. Thereafter on due consideration of the protest petition, the competent court has directed for further investigation in the matter and that is how investigation is pending against the petitioners. On account of order for further investigation, the petitioners are again apprehending their arrest in pursuance of the impugned FIR.

In the circumstances of the case, we hereby provide that unless incriminating evidence is found against the petitioners, they may not be subjected to any coercive measures, subject to cooperation of the petitioners in the ongoing proceedings.

The benefit of this order shall be available to the petitioners until the discovery of incriminating material or till submission of police report under Section 173(2) CrPC.

The writ petition is accordingly disposed of.

Order Date :- 31.1.2023 Fahim/-