Case :- CRIMINAL MISC. WRIT PETITION No. - 11258 of 2019 Petitioner :- Gulvez Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioner and the learned A.G.A.
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 23.2.2019 registered as Case Crime No.0009 of 2019 under sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, PS. Mahila Thana, District Rampur.
Learned counsel for the petitioner submitted that it's an offshoot of a matrimonial dispute where general allegations are made against the petitioner, it is a case of no injury, FIR be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, 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 petitioner 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.
Order Date :- 29.4.2019 Rk