KRISHNA KUMAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition by Krishna Kumar and three other in which Rachana Agarwal petitioner No. 2 is with a prayer for quashing of the F.I.R. in case Crime No. 109 of 1993 under Sections 363/366, I.P.C. P. S. Khurja Nagar Distt. Bulandshahr. The petitioners though have not specifically prayed in the writ petition for quashing of the investigation proceedings, prayed that the Court may pass suitable orders or direction which may be fit and proper in the circumstances of the case. The F.I.R. in the above crime was lodged on 3-3-93 by Ram Autar Agarwal. The F.I.R. disclosed that Rachana Agarwal is a student of M. A. Prev. Economics of N.R.E.C. College and used to return from College regularly by 12 O'clock. On 22/02/1993 she did not return from her College and her whereabouts were not known. The informant learnt that Krishna Kumar, petitioner No. 1 is a student in B. A. IInd year in N.R.E.C. College who lived at a short distance from the informant's house, was also missing from his house since 22nd of February, 1993. The informant suspected that Krishna Kumar by force and inducting Km. Rachana Agarwal, abducted her. He named four other persons namely Manoj Kumar, Lokesh Sharma, Mahesh Chaudhary and Chaman Singh in the F.I.R. It is said that the informant apprehended that the accused persons may have also killed Rachana Agarwal, the daughter of the informant. Action be taken. In pursuance of the F.I.R. investigation proceeded.

(2.) The petitioners apprehended that the police is likely to arrest the petitioners and attempt to make out a case under Sections 363/366, I.P.C. has approached this Court by this writ petition.

(3.) This petition was presented and the Court was pleased to pass an interim order staying the arrest of the petitioners by order dated 23-3-93. Counter-affidavit has been filed on behalf of the father of Rachana Agarwal with an application for vacating the stay order dated 23-3-93. The petition was directed to be put up for hearing and order on 19-5-93 before us. We had directed that the case be put up today before us in Chambers.