Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 24328 of 2018 Petitioner :- Devendra Yadav And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Naveen Kumar Yadav,Kamal Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 01.08.2018 registered as Case Crime No. 192 of 2018 u/s 306 I.P.C., P.S.- Avagarh, District- Etah.
It is submitted by learned counsel for the petitioners that there being no allegation in the impugned F.I.R. that the petitioners had abetted the deceased to commit suicide, no cognizable offence is disclosed against the petitioners and hence, the impugned F.I.R., which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. 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 and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, 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 :- 5.9.2018 KS