Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 15456 of 2019 Petitioner :- Amarnath Pal Alis Surendra Pal and 5 others Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Amit Kumar Dixit Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Amit Kumar Dixit, learned counsel for the petitioners and Sri A.N. Mulla, learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 14.4.2019 registered as Case Crime No. 76 of 2019, under sections 498-A, 504, 506, 494 IPC P.S. Bakevar, District Fatehpur.
It is submitted by the learned counsel for the petitioners that it's an offshoot of a matrimonial dispute where entire family of the husband has been implicated for ulterior motive, a case of no injury, F.I.R. is malafidely motivated, same is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused 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 following directions :
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 2 to 6 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.
(ii) As far as the petitioner no. 1 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of. Order Date :- 31.5.2019 Ram Murti