Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15967 of 2019 Petitioner :- Mausam And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Ms. Archana Singh, learned counsel for the petitioners, Sri Deepak Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 31.5.2019 registered as case crime no. 125 of 2019 under section 302 I.P.C., police station Janakpuri, District Saharanpur.
Learned counsel for the petitioners submits that the F.I.R. of the present case has been lodged on the basis of application under section 156 (3) Cr.P.C. She submits that the petitioners are the neighbours of the deceased. It is alleged that petitioner no. 1 was pressurizing the deceased to marry her though she was already married and having two children and when he refused he was done to death by the petitioners. She submits that as per the post mortem report of the deceased the cause of death is not known and no ante mortem injury was found on his person. Viscera was preserved. She submits that the petitioners have been falsely implicated in the present case by respondent no. 4 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 10.6.2019 Shiraz