Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 24459 of 2019 Petitioner :- Anand Kishor And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard the learned counsel for the parties.
In the First Information Report lodged on 23.10.2019, registered as Case Crime No. 108 of 2019, under Section 498- A, 323, 506, 504, 377 I.P.C and 3/4 of the Dowry Prohibition Act, 1961, Police Station Bhudkuda, District Ghazipur, the allegations are against the entire matrimonial family of the first informant.
The submission of the learned counsel for the petitioners is that petitioner no. 1, husband of the first informant had filed a case under Section 9 of the Hindu Marriage Act in view of the material dispute going on between the parties.
After the said case was instituted in the month of March, 2018, the First Information Report had been lodged in the month of December, 2019.
Looking to the allegations of the First Information Report though we do not find any good reason to quash the First Information Report but it is provided that the petitioners shall not be arrested till submission of the police report under Section 173(2) Cr.P.C. They shall, however, co-operate in the investigation and shall not make any effort to influence any witness.
The writ petition is disposed of accordingly.
Order Date :- 28.11.2019 PS