Ravindra Nath Mishra, J. - (1.) This petition seeks issuance of a writ in the nature of Certiorari quashing F.I.R./Crime No.189 of 2015, under Sections 420, 467, 468, 471, 323, 504, 506, 120-B I.P.C., Police Station Mahanagar, District Lucknow.
(2.) Gist of the issue raised by the petitioner is recorded in order dated 3.5.2016. The order reads as under : 1. This petition seeks issuance of a writ in the nature of certiorari quashing F.I.R./Crime No.189 of 2015, under Sections 420, 467, 468, 471, 323, 504, 506, 120-B I.P.C., Police Station Mahanagar, District Lucknow. 2. The impugned F.I.R. has been read in extenso in court. Gist of the allegation is that the petitioner along with co accused, enabled forgery of a Will dated 6.1.2002 and benefit of that Will has been taken. 3. Learned counsel for the petitioner has pointed out that the charge-sheet has already been filed against co-accused Mahmood Ali, husband of the petitioner. The petitioner is sought to be arrested. In the charge-sheet, however, the petitioner has not been depicted as absconding accused or that investigation in her regard is pending. 4. Issue notice to serve respondent no.4 returnable on 11.7.2016. 5. List this case on 11.7.2016. 6. Arrest of the petitioner shall remain stayed till the next date of listing. Petitioner is directed to join investigation. 7. Investigating officer is directed to file his affidavit as to under what circumstances, the petitioner is being approached, although, investigation has been concluded and the petitioner has not been shown as absconding accused. 8. We are issuing notice only on the limited issue that the petitioner has not been shown as an absconding accused in the charge-sheet, yet is sought to be arrested.
(3.) Charge sheet bearing No. 02 of 2016 dated 14.2.2016 is available on record. As per the charge-sheet the only accused shown in the relevant column is Mehboob Ali. The column of absconding accused is vacant, thereby indicating that there is no other accused to be arrested or against whom investigation is pending. The gist of the investigation indicated on the front page of the charge-sheet also does not mention the petitioner as one of the accused.;