Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 34414 of 2018 Petitioner :- Kajal Tomar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jai Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Jai Singh yadav, learned 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 mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 17.11.2018 registered as Case Crime no.1054 of 2018, under Section 366 IPC, P.S. Civil Lines, District Rampur.
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 their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally
disposed of.
Order Date :- 29.11.2018 RS