Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21952 of 2019 Petitioner :- Dost Mohammad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Syed Safdar Ali Kazmi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Syed Safdar Ali Kazmi , learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 25.5.2019, registered as Case Crime No.0057/2019, under Sections 363/366 IPC, P.S. Golhaura, Siddharth Nagar.
Learned counsel for the petitioners submits that it's a joint petition on behalf of petitioner no. 1 / husband and petitioner no.2 / wife, victim is major as per her High School Mark-sheet / Certificate which reflects her date of birth as 15.5.1996, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing 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 direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation. While granting protection to the petitioners, the S.S.P. concerned shall bear in the mind the Government Orders dated 31.8.2019 / 5.9.2019, so that no harm could be caused to the petitioners.
With this direction, this petition is finally disposed of.
Order Date :- 26.9.2019 Chandra