Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 15368 of 2019 Petitioner :- Hem Chand Verma And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yashpal Yadav,Lalji Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Yashpal Yadav, learned counsel for the petitioners and the 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 8.5.2019, registered as Case Crime No.498-A/323/342/504/506 IPC and 3/4 D.P. Act, P.S. Kotwali, Gorakhpur.
It is submitted by learned counsel for the petitioners that it's an offshoot of a matrimonial dispute, allegations are general in nature, entire family members have been implicated on false and vexatious allegations, it's a case of no injury, FIR is liable to 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.
With this direction, this petition is finally disposed of.
Order Date :- 30.5.2019 Chandra