Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16184 of 2019 Petitioner :- Dhirendra Pandey And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiraj Kumar Pandey,Devashish Mitra Counsel for Respondent :- G.A.,Ranjan Krishna Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the petitioners, Sri Ranjan Kumar Pandey, learned counsel for the Opposite Parties, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 25.5.2019 registered as case crime no. 0342 of 2019 under sections 498-A, 323, 506, 326 and 511 I.P.C., police station Nawabganj, District Prayagraj.
Learned counsel for the petitioner submits that earlier also a FIR was registered against the petitioner in which chargesheet was submitted and was challenged in Application under Section 482 Cr.P.C. No.283 of 2016 by which order the case of the husband was dismissed by this Court and the husband got himself bailed out. Hence, the FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Deepika