Ram Naresh Yadav v. State of U. P Thru Principal Secy. , Home Lucknow
2015-10-12
ARVIND KUMAR TRIPATHI, RANJANA PANDYA
body2015
DigiLaw.ai
JUDGMENT List revised. Counter affidavit filed on behalf of the State is taken on record. 2. Heard learned counsel for the petitioners, learned A.G.A. and perused the record. 3. The present petition of criminal nature has been preferred with the prayer to quash the impugned F.I.R. dated 22.7.2014, in Case Crime No. 325 of 2014, under Sections 306 and 506 I.P.C., Police Station-Gasaiganj, District-Lucknow. 4. According to learned A.G.A. the petitioners are not cooperating with the investigation, since interim order was passed in favour of the petitioners on 16th July, 2015. According to learned counsel for the petitioners petitioner Nos. 1 and 2 are father and mother of the deceased namely Vijay Kumar Yadav husband of the complainant. Petitioner No. 3 is the brother of the deceased and petitioner Nos. 4 and 5 are the relatives of the deceased. An application under Section 156(3) Cr.P.C. was filed on behalf of the petitioners and thereafter on behalf of respondent No. 4 for lodging of the F.I.R. However, in the present case, the petitioners are being harassed. They appear regularly at police station as and when is required and they are also cooperating the investigation. It appears that respondent No. 4 herself lodged the F.I.R. against the petitioners on false allegations. 5. Learned A.G.A. has opposed the prayer for bail. Petitioner Nos. 1, 2 and 3 are parents and brother and petitioner Nos. 4 and 5 are the relative of the deceased and respondent No. 4 is the wife of the deceased. 6. In view of the facts and circumstances of the case, the matter requires investigation by the C.B.C.I.D. Let the matter be investigated by the C.B.C.I.D. and the Senior Superintendent of Police, Lucknow and Station Officer, Police Station-Gasaiganj, District-Lucknow shall ensure that the papers be handed over to the C.B.C.I.D. for investigation of the case. Investigating Officer, C.B.C.I.D. is expected to conclude the investigation in fair manner as early as possible and submit the police report within a reasonable period on the basis of material collected in the investigation, so that the innocent persons should not be harassed and guilty persons be charge-sheeted. Till collection of credible evidence against the petitioners, no coercive action shall be taken against the petitioners. With the aforesaid direction, the present petition is finally disposed of. Interim order, if any stands discharged.