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/-