MEENAKSHI AGRAWAL Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. Common ques tions of law and facts are involved in above writ petitions and therefore, all the above writ petitions are taken up together for disposal for which the learned Counsel for the parties have no objection.

(2.) BRIEF facts. of the case giving rise of above writ petitions are as below:- Late Karmendra Narain Agarwal husband of Smt. Shashi Agarwal and father of Km. Meenakshi Agarwal and Manoj Narain Agarwal owned some property known as Prag Agricultural Farm, Gokul Nagar, P. S. Kichha, District Udham Singh Nagar. D. S. Sirohi, R,k. Yadav, Hanspal and Munna Lai were employees of late Kamrendra Narain Agar wal, who managed the property owned by him. Km. Meenakshi Agarwal also owned a theatre known as Meenakshi Theatre, Ram Ghat Road, Aligarh. On the death of Karmendra Narain Agarwal some dispute regarding property of the said Farm arose between widow on one side and son and daughter on the other side. Civil and revenue litigations were also going on between the parties including testamentary suits, which are pending in various Courts.

(3.) IN view of above order dated 1-12-1999 the final report submitted in case crime No. 960-A of 1999 was returned back and it was directed that the matter be in vestigated afresh by another officer and the matter is being investigated by another officer. Apprehending her arrest Km. Meenakshi Agarwal, D. S. Sirohi, R. K. Yadav, Hanspal and Munna Lal filed writ petition No. 310 of 2000 for issue of a writ, order or direction in the nature of certiorari quashing the F. I. R. incase crime No. 960-A of 1999 under Sections 147, 148, 149, 307, 504 and 506 I. P. C. , P. S. Kichha, District Udham Singh Nagar with interim prayer for staying their arrest in the said case mainly on the ground that the police had submitted final report in the said case and there was no occasion for its reinvestigation. IN the said writ petition No. 310 of 2000 filed by Km. Meenakshi Agarwal and others this Court, vide order dated 19-1-2 (KM) issued notice to respondent No. 3 for filing counter-affidavit and directed the learned A. G. A. to file counter-affidavit on behalf of respondents No. 1 and 2 and in the meantime it was directed though the investigation of the case shall go on, the arrest of the petitioners in case crime No. 960-A of 1999 shall remain stayed. Smt. Shashi Agarwal also filed writ petition No. 1741 of 2000 for issue of a writ, order or direction in the nature of certiorari quashing the First INformation Report in case crime No. 960-A of 1999 lodged against her with an interim prayer for staying her arrest in the said case, which was ordered to be connected with writ petition No. 310 of2000.