Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26524 of 2018 Petitioner :- Chimman Singh And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Som Veer Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Som Veer, learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 29.6.2018, in case crime no.271 of 2018, u/s 323, 324, 452, 354, 506 IPC, P.S. Mogarra, district Mathura.
It has been submitted by the learned counsel for the petitioners that the petitioner no.1 and respondent no.3 are real brothers. There was dispute between them regarding property. The victim has sustained injuries on his head. The petitioner no.4 is the wife of petitioner no.1 on account of which she has been falsely implicated in the present case. The impugned FIR does not demonstrate any prima-facie cognizable offence against the petitioners, hence the impugned FIR is liable to be quashed.
Per contra learned AGA opposed the prayer for quashing and submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no.4 being a lady, 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.
(ii) As far as the petitioner nos.1, 2 and 3 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Gaurav