PATKAHIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned Additional Government Advocate, who has accepted notices on behalf of respondents 1 to 3. Under challenge is FIR relating to Case Crime No. 524 of 2008, under Sections 147, 323, 325 and 308 IPC, police station Lalganj, District Pratapgarh. It has been prayed that the FIR be quashed. We have gone through contents of the FIR, which disclose commission of cognizable offence and, as such, the FIR cannot be quashed. Nevertheless, it cannot be ignored that no specific role has been assigned to the petitioners with respect to attempt to commit culpable homicide and only role indicated to both the petitioners is of putting on Chhappar due to which altercation has taken place. Taking into consideration above aspect of the matter and also the petitioners being ladies, we hereby direct that the petitioners shall not be arrested in the aforesaid crime number unless & until cogent and reliable evidence comes forward against them. Investigation shall go on and the petitioners shall cooperate with the investigation. With the above observations/directions, the writ petition stands finally disposed of.