Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15637 of 2019 Petitioner :- Dilshad Ahmad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajit Manit Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for petitioner, learned A.G.A. for respondent no. 1 and 2 and perused the record.
The instant petition seeks quashing of the first information report dated 08.04.2019 registered as Case Crime No.128 of 2019, under Sections 498A, 323, 376-C, 406 I.P.C. and 3/4 D.P. Act, Police Station- Gorakhnath, District- Gorakhpur.
The contention of the learned counsel for the petitioner is that the petitioner is husband of the victim and by levelling general allegation, the entire family of the petitioner has been falsely implicated. It has been submitted that allegation of sexual assault is against the husband and it does not disclose any specific date or time of the incident. It has been submitted that there is no injury report to support the allegations.
Be that as it may, as correctness of the allegations are not, ordinarily, to be tested in the writ petition, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 31.5.2019 Sharad/-