Hon'ble Manish Mathur,J.
The case has been taken up through Video Conferencing.
Heard learned counsel for the petitioner(s) as well as learned A.G.A. on behalf of the State.
The instant writ petition has been filed challenging the impugned First Information Report registered at case Crime No. 0045/2021, under Sections 498A, 323, 504, 506, 364 IPC and 3/4 Dowry Prohibition Act & 3/4 Muslim Women (Protection of Right to Marriage) Act, 2019, Police Station Nawabganj, District Bahraich.
Learned counsel for petitioner(s) submits that there is matrimonial dispute between the petitioners and the complainant. No allegations of offence under Section 364 IPC are made out. The said allegations are totally false and frivolous.
Learned A.G.A. submits that the investigation is still pending.
Considering the submissions made by parties' counsel and going through the records, however, without expressing any opinion on the merits of the case, it is hereby provided that till credible evidence is collected against the petitioner(s) or till filing of police report under Section 173 (2) Cr.P.C., whichever is earlier, the petitioner(s) shall not be arrested in the aforesaid case crime, however, the petitioner(s) shall cooperate in the investigation.
With these observations, writ petition is disposed of.
Order Date :- 10.5.2021 Santosh/-