Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20198 of 2018 Petitioner :- Ala Uddin And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 18.5.2018 registered as Case Crime No. 0371, under Sections 498A, 323 IPC, and Section 3/4 Dowry Prohibition Act, P.S. South, District Firozabad.
It has been submitted by the learned counsel for the petitioners that petitioners are father-in-law, mother-in-law, Devar and Nanad of the respondent No.5 Smt. Asma and they are living separately. It is further submitted that the FIR has been lodged levelling false allegations under Sections 498A, 323 IPC, and Section 3/4 Dowry Prohibition Act.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.7.2018 Manish Tripathi