Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16717 of 2019 Petitioner :- Deepanshu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Sisodia,Virendra Singh Tomar Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Rajiv Sisodia, learned counsel for the petitioners, Sri I.P.S. Rajpoot, 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 to issue a writ, order or direction in the nature of certiorari for quashing the impugned First Information Report dated 15.05.2019, arising out of Case Crime No. 373 of 2019, under Sections 376D, 354D, 342, 328, 323, 504, 120B I.P.C., Police Station Kankar Khera, District Meerut. It has further been prayed not to arrest the petitioners in the aforesaid case.
Learned counsel for the petitioners submits that the main accused Himanshu and respondent no. 3 had lived together and thereafter they fell out. Subsequently, respondent no. 3 has slapped a false case against the petitioners, who are family members of the main accused Himanshu. Petitioners no. 1 to 4 are respectively the brother, father, mother and auntie (Bua) of the main accused Himanshu. The specific allegations are against petitioner no. 1 and Himanshu only has also been disclosed in the first information report. The petitioners are innocent. They have been falsely implicated in the present case, hence, the first information report is liable to be quashed.
Per contra learned A.G.A. has opposed the prayer for quashing of the first information report.
After having heard learned counsel for the parties and perused the impugned F.I.R. 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 petitioners no. 2 to 4 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 no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.) Order Date :- 14.6.2019 sailesh