Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1393 of 2019 Petitioner :- Akrati Chaturvedi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Himanshu Shekhar,Govind Kumar Saxena Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Himanshu Shekhar, learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 8.9.2018 registered as Case Crime No.0997/2018, under Section 366 IPC, P.S. Kotwali Farrukhabad, Fatehgarh, District, Farrukhabad.
It is submitted by learned counsel for the petitioners that on the allegations made in the FIR, petitioner no.2 / victim is reported to be 22 years, she claims to be in relationship with petitioner no.1/husband, with whom she contracted a marriage, FIR has been lodged, on false / mischievious / vexatious allegations, it be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 21.1.2019 Chandra