Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37596 of 2018 Petitioner :- Amarjeet Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated5.10.2018 registered as Case Crime No.0235 of 2018, under section 354(B), 504, 506 I.P.C, P.S. Hussainganj, District Fatehpur.
Learned counsel for the petitioners submits that respondent no.3 is the wife of petitioner, proceedings arose out of an application under Section 156(3) CrPC, matrimonial disputes are pending between the parties, no offence under Section 354-B IPC is made out, F.I.R is malafidely motivated, hence, the same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, 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 petitioner 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 :- 20.12.2018 N.S.Rathour