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Ram Kishun And Others vs State Of U.P. Thru. Secy. Home And … on 21 November, 2019


?Court No. – 1

Case :- MISC. BENCH No. – 29059 of 2017

Petitioner :- Ram Kishun And Others

Respondent :- State Of U.P. Thru. Secy. Home And Others

Counsel for Petitioner :- Santosh Kumar Kanaujia

Counsel for Respondent :- Govt. Advocate,Arvind Kumar Pandey

Hon’ble Pankaj Kumar Jaiswal,J.

Hon’ble Alok Mathur,J.

By means of the instant petition, the petitioners are seeking for issuance of writ of certiorari quashing the F.I.R., dated 23.09.2017 registered in Case Crime No.115 of 2017 under Sections 498A, Section323, Section504, Section377 I.P.C., , Police Station Mahila Thana, District Kheri.

Vide order dated 01.12.2017, Co-ordinate Bench of this Court had stayed the arrest of the petitioner and directed to join investigation.

As per short counter affidavit dated 31.01.2018, charge sheet has been submitted and during the pendency of the investigation evidence of Section 377 I.P.C., was not found, therefore aforesaid Section has been dropped in the charge sheet. Further in para 7 of the short counter affidavit involvement of accused Pushpendra-petitioner no.4, Bhagwan Deen-petitioner no.5 Shymal Lal-petitioner no.6 and Saheli-petitioner no.7 were not found and therefore, their names have been dropped in the charge sheet. It has also been stated that offence under Sections 498A, Section323, Section504 I.P.C., and Section 3/Section4 of Dowry Prohibition Act were found against the remaining accused persons, and thus charge sheet bearing charge sheet no. 6 dated 10.01.2018 has been submitted before the Circle Officer for onward transmission and as against the remaining petitioners charge sheet has been filed.

Accordingly, the writ petition is dismissed as having become infructuous.

[Alok Mathur, J.] [Pankaj Kumar Jaiswal,J.]

Order Date :- 21.11.2019




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