Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22032 of 2019 Petitioner :- Kahkashan Khan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atipriya Gautam,Abhishek Kumar,Shri Vijaly Gautam (Senior Advocate) Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Shri Vijay Gautam, learned Senior Counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 20.7.2019 registered as Case Crime No.599 of 2019 under sections 304/313/506 I.P.C, P.S. Sadar Bazar District Agra.
Learned counsel for the petitioners submits that petitioner no.1 is the wife of petitioner no.2, both are reputed doctors, on the complaint of husband of respondent no.4, a 5 member committee was constituted to enquire into the allegations levelled against the petitioners, the committee vide its report dated 11.5.2018 concluded that no allegations against the petitioners are proved, FIR is malafidely motivated, lodged after 2 years, no offence is made, 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 petitioners.
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 petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to co-operation during investigation.
With the aforesaid direction, this petition is finally
disposed of.
Order Date :- 27.9.2019 RS