Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37359 of 2018 Petitioner :-Divakar Pratap Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Rajeev Kumar Rai, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 08.12.2018 registered as Case Crime No.131 of 2018, under Sections 498-A, 323, 406, 506 and 377 IPC, P.S. Mahila Thana, District Guatam Budh Nagar.
It is submitted by the learned counsel for the petitioners that the impugned FIR has been lodged roping in the entire family of the husband/ petitioner no.1 on false / mischievous / vexatious allegations, coupled with the fact that no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR 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 present and perused the impugned FIR as well as the other material brought on record, it cannot be said that prima facie, no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the following directions :
(i) Investigation of the aforesaid case shall go on but the petitioner no.2 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C, subject to her cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of. Order Date :- 19.12.2018 Neeraj