Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2294 of 2019 Petitioner :- Himanshu And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shams Uz Zaman,Mukesh Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 15.1.2019 registered as Case Crime No. 27 of 2019, under Sections 147, 354B, 323, 504, 506, I.P.C., at Police Station - Baghpat, District - Baghpat.
The petitioners are husband, mother-in-law and father-in-law of the respondents no. 3. It is stated that several cases are already pending between the respondent no. 3 and the petitioners and, now, the respondent no. 3 has lodged the impugned First Information Report with the mala fide intention, which has no injury report to support the prosecution case.
Be that as it may, since allegation in the First Information Report discloses commission of cognizable offences, the prayer to quash the First Information Report is not acceptable.
However, looking to the facts and circumstances of the case as also that there appears litigation pending between the parties, we deem it appropriate to dispose off this petition by providing that investigation shall continue and brought to its logical conclusion but the petitioner shall not be arrested, subject to their cooperation in the investigation, till the submission of police report under Section 173(2) Cr.P.C. in the aforesaid case.
Order Date :- 29.1.2019 Md Faisal