Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25241 of 2018 Petitioner :- Doree Lal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amrit Shanker Dubey Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 11.07.2018 registered as Case Crime No. 283 of 2018, under Sections 147, 148, 149, 498-A, 323, 354, 307, 506 IPC and section 3/4 D.P. Act, P.S.
Jasrana, District Firozabad.
It is submitted by learned counsel for the petitioners that the petitioner no. 1 is Fufa of the respondent no. 3 and petitioner no. 2 is son of petitioners no. 1. It is further submitted that they are living separately from respondent no. 3 and they have been falsely implicated in the present case by respondent no. 3. He next submitted that no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity in the commission of the alleged.
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 petitioner.
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 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 :- 12.9.2018 RPD