Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16130 of 2019 Petitioner :- Ayaz And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dheeraj Kumar Singh,Ray Sahab Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ray Sahab Yadav, learned counsel for the petitioners, Sri Irshad Hussain, 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 with the prayer to quash the F.I.R. dated 28.4.2019, registered as Case Crime No.108 of 2019, u/s 376, 504, 506, 323, 147 IPC, P.S. Audyogik Kshettra (Industrial Area), district Allahabad (Prayagraj).
Learned counsel for the petitioners submits that the petitioner no.1 is the husband of respondent no.3. Earlier the respondent no.3 had lodged FIR against the petitioners u/s 498-A IPC etc. and thereafter present FIR has been lodged for offence u/s 376 IPC against the petitioner no.1 and his entire family members.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 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 Gaurav