Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21859 of 2019 Petitioner :- Komal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kuamr Yadav,Siddhartha Mishra Counsel for Respondent :- G.A.,Shri Ram Pandey Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Rakesh Kuamr Yadav, learned counsel for the petitioner,, Shri Shri Ram Pandey, learned counsel for the informant and Shri S.R.Pandey, the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 8.7.2017 registered as Case Crime No.0298 of 2019 under sections 498A, 323, 377, 494, 120B I.P.C. and Section 3/4 D.P. Act, PS. Garhmukteshwar, District Hapur.
Learned counsel for the petitioner states that the marriage of petitioner was solemnised with co-accused Rakesh Kumar on 1.6.2019 without any knowledge of his first marriage with the informant on 10.3.2016, FIR is malafidely motivated, no offence is made out against the petitioner, FIR 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 petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 26.9.2019 Rk