Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33619 of 2018 Petitioner :- Anuradha Trivedi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Dhar Dubey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1, 2 and 3 and Sri Akhilesh Singh, learned counsel for the respondent no. 4.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 05.06.2018 registered as Case Crime No. 287 of 2018, under Sections 498-A, 354(B), 308, 504, 506 I.P.C. and 3/4 D.P. Act, P.S.-
Khuldabad, District- Allahabad.
It is submitted by learned counsel for the petitioners that the petitioners are the mother-in-law, father-in-law and brother-in-law (devar) of the respondent no. 4 living separately from her and her husband Vishwa Gaurav Trivedi. Moreover, the allegations regarding causing injury to the respondent no. 4 has been made by her in the impugned F.I.R. against her husband alone. Thus, the case of the petitioners is clearly distinguishable from that of co-accused Vishwa Gaurav Trivedi. Hence, qua the petitioners, the impugned F.I.R. 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 and the impugned F.I.R. 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 and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, 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 :- 26.11.2018 KS