Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16113 of 2019 Petitioner :- Arti And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar,Rakesh Pathak Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Rakesh Pathak, learned counsel for the petitioners, Sri Gaurav Pratap Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 17.5.2019 registered as case crime no. 281 of 2019, under sections 498-A, 304-B IPC and Section 3/4 of D. P. Act, P.S. kotwali, District Jhansi.
Learned counsel for the petitioners submits that the petitioners are unmarried nanads and married nanads of deceased and the husband of the deceased has already been arrested and is in jail. Cause of death is reported as asphyxia as a result of antimortem hanging. It is further submitted that in the FIR general allegations has been levelled against the petitioners and they have been falsely implicated in the present case by respondent no. 4 by levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 RavindraKSingh