Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1961 of 2019 Petitioner :- Meenu Alias Mohd Javed And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Pati Tiwari Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Rakesh Pati Tiwari, learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 11.1.2019 registered as Case Crime No.0010/2019, under Sections 498A/323/313/506 IPC and Section 3/4 of the D.P. Act, P.S. Mahila Thana, Bareilly.
It is submitted by learned counsel for the petitioners that it is an offshoot of a matrimonial dispue, petitioners are the distant relative of the husband who was married to the daughter of respondent no.3, FIR has been lodged, on false / mischievious / vexatious allegations, same is liable to 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 petitioners 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.
With this direction, this petition is finally disposed of.
Order Date :- 29.1.2019 Chandra