Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11239 of 2019 Petitioner :- Ashish And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Tiwari Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Ram Tiwari, learned counsel for the petitioners and the 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 FIR dated 5.4.2019 registered as Case Crime No.0031 of 2019 under sections 498A, 323, 504, 506, 313, 354 I.P.C. and under section 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Buddha Nagar It is submitted by learned counsel for the petitioners that on earlier occasion close relatives of the husband have already been granted protection by this vide order dated 23.4.2019 in Criminal Misc.Writ Petition No.10581/19, petitioners are husband and Phupheri sister, allegations are general in nature, the FIR is malafidely, 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/Rk