Court No. - 51 Case :- CRIMINAL MISC. WRIT PETITION No. - 10565 of 2018 Petitioner :- Ashish Tiwari And 2 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- G.A.,Padmaker Pandey Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners, Sri Padmaker Pandey, learned counsel for the respondent no.4 and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0033 of 2018, under Section- 306 IPC, P.S. Seesa Mau, District Kanpur Nagar.
Learned Counsel for the petitioners has submitted that the wife of petitioner no.1 has committed suicide and petitioner no.1 happens to be the husband; the facts remains that decree of divorce exists in favour of petitioner no.1, against which complainant has filed appeal and same is pending, and thereafter maintenance was awarded, which has been paid as mentioned in para 15 of the writ petition; the deceased was living with her parent for the last 10 years; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information report as well as other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties , we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 25.4.2018 T.S.