Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 10607 of 2019 Petitioner :- Amit Yadav @ Sonu and 6 others Respondent :- State of U.P. and 2 others Counsel for Petitioner :- Kashi Nath Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Supplementary affidavit filed today be taken on record. In the supplementary affidavit, it has been brought on record that father-in-law was very ill at the time of lodging of the F.I.R. on 13.1.2019 who subsequently died on 30.1.2019.
Heard Sri Kashi Nath Singh Yadav, learned counsel for the petitioners and Sri A.N. Mulla learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 13.1.2019 registered as Case Crime No. 3 of 2019 under sections 498A, 323, 504, 506, I.P.C. and 3/4 D.P. Act, P.S. Jamania, District Gorakhpur.
It is submitted by the learned counsel for the petitioners that it's an offshoot of matrimonial dispute where the entire family of the husband has been falsely implicated for ulterior motives, a case of no injury, F.I.R. is malafidely motivated, same is liable to 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 petitioners.
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 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 :- 29.4.2019 Ram Murti