Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25221 of 2018 Petitioner :- Km. Rubi And 3 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Naseem Rufi Q Alrafio B.M. Mugaanii,Shikha Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ms. Shikha Singh, learned counsel for the petitioners, Sri A.R. Chaurasia, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners for quashing the impugned FIR dated 15.6.2018 registered as case crime no. 379 of 2018 under sections 325, 323, 504, 427 and added section 308 I.P.C., police station Kotwali Gurusahai Ganj, District Kannauj.
It has been submitted by the learned counsel for the petitioners that the petitioners have been falsely implicated in the present case including petitioner no. 1, who is an unmarried girl.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no. 1 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.
(ii) As far as the petitioner nos. 2 to 4 concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 12.9.2018 Shiraz