Hon'ble Rajesh Chandra,J.
We have heard learned counsel for the petitioners, learned A.G.A. and have perused the impugned F.I.R. The petitioners through the present writ petition have invoked the extraordinary jurisdiction of this Court under Article 226 of The Constitution of India praying for certiorari quashing the impugned F.I.R. dated 03.05.2010, relating to crime no. 249 of 2010, under Sections 498 A, 323 I.P.C. and 3/4 D.P. Act, P.S. - Naubasta, District - Kanpur Nagar. The ancillary prayer is to issue a writ of mandamus commanding the respondents not to arrest the petitioners in the aforesaid crime number pendentilite the writ petition. Since we find that the case of petitioner no. 1 Durga Shanker Mishra is distinguishable from rest of the petitioners, hence, his writ petition is dismissed. However his bail prayer is directed to be considered if possible on the same day. On the facts of the present petition the petitioners no. 2 to 9 namely Virendra Mishra, Smt. Gudiya, Smt. Kiran, Smt. Geeta, Rajeev Shukla, Ram Kumar, Ram Nath Tiwari and Smt. Sarojni shall not be arrested in the aforesaid crime no. 249 of 2010 for the aforesaid offences till the submission of chargesheet against them under Section 173 (2) Cr.P.C., if any.
This writ petition is accordingly disposed of. Order Date :- 24.6.2010 M/A.