NAUSHEEDA Vs. STATE OF U P

JUDGEMENT

(1.) AMITAVA Lala, J. The writ petition is made basically for the following reliefs amongst others : (A) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report lodged at Case Crime No. 257 of 2006 under Sections 363, 366, 352, 504 and 506, I. P. C. Police Station Gangoh, District Saharanpur (Annexure No. 1 to the writ petition ). (B) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners with reference to Case Crime No. 257 of 2006 under Sections 363, 366, 352, 504 and 506, I. P. C. Police Station Gangoh, District Saharanpur.

(2.) AN F. I. R. has been lodged on 2nd September, 2006 by one Safdar, the respondent No. 4 herein saying that Afzal alias Mohd. Afzal, kidnapped Km. Nausheeda, on 8th August, 2006, who is allegedly about 15 years of age.

(3.) R. C. Deepak, J. was pleased to pass the following interim order : "in my opinion without expressing anything on the merit of the case, it is fit and proper in the interest of justice and equity both that the investigation into the case Crime No. 257 of 2006 under Sections 363, 366, 352, 504 and 506, IPC at Police Station Gangoh, District Saharanpur shall go on, but the arrest of the petitioners No. 2 to 5 (Afzal @ Mohd. Afzal, Imran, Gulshana @ Gullo and Sabra) shall not be effected by the investigating agency till the date fixed, provided they co-operate with the investigation. The order is passed accordingly. Let a counter-affidavit be filed by the Investigating Officer within three weeks. Notice be issued to respondent No. 4 to file counter-affidavit within the period indicated above. The case shall appear on list on 1st November, 2006. " In the process of delivering judgment R. C. Deepak, J. relied upon the following judgments : AIR 1963 SC 1295, Kharak Singh v. State of U. P. ; AIR 1975 SC 1375, Govind v. State of M. P. ; 1997 JIC 351 (SC) : AIR 1997 SC 568; People Union of Civil Liberties v. Union of India, 2002 (1) JIC 937; Shamsher Aalam alias Sheru v. State of U. P. ; 1994 JIC 760 (SC) : 1994 (31) ACC 431; Joginder Kumar v. State of U. P.