Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23238 of 2018 Petitioner :- Dharmendra Alias Teetu And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikram Shah Sisodia Counsel for Respondent :- G.A.,Onkar Nath
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Onkar Nath, learned counsel for the respondent no. 4.
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 21.07.2018 registered as Case Crime No. 777 of 2018 , under Section 366 I.P.C., P.S. Tajganj, District Agra.
Learned counsel for the petitioners submitted that the daughter of the respondent no. 4, Annu Singh had eloped with the petitioner no. 1, Dharmendra @ Teetu who is already married and father of two children. He next submitted that the impugned F.I.R. has been lodged by the respondent no. 4 roping in the entire family of petitioner no. 1 including his brother, father, sister, mother and brother-in-law with the ulterior intention of harassing them. He next submitted that the allegation regarding commission of offence under Section 366 I.P.C. is confined to petitioner no. 1, Dharmendra @ Teetu. It is next submitted that the case of petitioner nos. 2 to 6 is clearly distinguishable from that of petitioner no. 1, husband of the daughter of the respondent no. 4 and hence qua the petitioner nos. 2 to 6 the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, 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 petitioner nos. 2 to 6 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.
As far as petitioner no. 1, Dharmendra @ Teetu is concerned, who is the husband of the daughter of the respondent no. 4, Annu Singh, the petition stands dismissed.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 24.8.2018 SA