Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 20753 of 2019 Petitioner :- Dalip And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Kumar Yadav Counsel for Respondent :- G.A.,Thakur Prasad Dubey
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri Dinesh Kumar Yadav, learned counsel for the petitioners, Sri Thakur Prasad Dubey for the informant 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 25.7.2019 registered as Case Crime No. 238 of 2019, under sections 363, 506 I.P.C, P.S. Gagalhedi, District Saharanpur.
Learned counsel for the petitioners submits that petitioner no.1 is in jail.
The writ petition is dismissed qua him.
It is further submitted by learned counsel for the petitioners that petitioner no.2 happens to be the brother- in-law of the daughter of respondent no.4, the couple has already been protected by the order of this Court dated 26.9.2019 in Crl. Misc. Writ Petition no. 22994 of 2019, which is not disputed by Sri Thakur Prasad Dubey, learned counsel for the informant, no offence is made out, FIR is liable to be quashed.
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 :- 27.9.2019 N.S.Rathour