Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38015 of 2018 Petitioner :- Durgesh Jaiswal @ Ranu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Pandey,Sharvan Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri A.K. Pandey, learned counsel for the petitioner, Sri J.P. Tripathi, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 1.9.2018 registered as case crime no. 196 of 2018 under sections 498A, 323 I.P.C. and 67 I.T. Act, police station Colonelganj, District Kanpur Nagar.
Learned counsel for the petitioner submits that respondent no. 3 is the father-in-law of the petitioner. There is some matrimonial dispute between petitioner and his wife on account of which he has been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass him, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Shiraz