Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22155 of 2019 Petitioner :- Balveer @ Praveen And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Garun Pal Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Garun Pal Singh, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 5.9.2019, registered as Case Crime No.77/2019, under Sections 498-A/323 IPC, P.S. Mahila Thana, Bulandshahar.
It is submitted by learned counsel for the petitioners that for the same cause of action, informant has lodged the instant 3rd FIR, petitioners are already protected under the orders of this Court dated 31.5.2018 & 28.9.2018 in Criminal Misc. Writ Petition Nos. 14458 & 27179, both of 2018, FIR speaks of malafides / mischief, liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 30.9.2019 Chandra