In Residence
Case :- CRIMINAL MISC. WRIT PETITION No. - 3138 of 2021 Petitioner :- Ajeem Husain And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Tewari,Sanjay Pathak Counsel for Respondent :- G.A.,Sonu Kumar Tiwari
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioners, learned AGA for the State-respondents through video conferencing and perused the record.
The petitioners herein seek for quashing of the first information report dated 21.11.2020, registered as Case Crime No. 0545 of 2020, under Sections 147, 323, 504, 506, 420, 313, 354, 498A, 376 & 377 IPC, Police Station Civil Lines, District Aligarh.
It is contended that the first information report is based on false allegations on account of matrimonial dispute between petitioner No. 1 and the complainant-respondent No. 4. The report has been lodged after about one month from the alleged incident in order to exert undue pressure upon the petitioner and his family members.
The entire family of the petitioner No. 1 has been implicated in the matter.
Looking to the allegations made in the FIR and considering the submission of the learned counsel for the petitioners, though we do not find any reason for quashing of the FIR but for the assertions made herein, it is provided that the petitioners shall not be arrested pursuant to aforesaid First Information Report till submission of the police report under Section 173(2) Cr.P.C. They shall, however, cooperate in the investigation and shall not make any effort to influence any witnesses or tamper any evidence.
The writ petition is, accordingly, disposed of.
Order Date :- 21.5.2021 gp