Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5042 of 2018 Petitioner :- Mohd. Kalim And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Praveen Mishra,Satyendra Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri S.K. Mishra, learned counsel for the petitioner, Sri J.K. Singh, learned Brief Holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 6.1.2018 registered as case crime no. 02 of 2018 under sections 498-A, 377, 354, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Kanpur Nagar.
Learned counsel for the petitioners submits that earlier an F.I.R. was lodged by respondent no. 4 against petitioner no. 1 in which charge-sheet has been submitted and he has already got himself bail out and this is the second F.I.R. lodged by respondent no. 4 against petitioner no. 1 and his entire family members, 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.
It is made clear that is petitioner no. 1 has not got himself bailed out in the earlier case lodged by respondent no. 4 as has been stated by learned counsel for the petitioner, the present order shall not be given effect to and the order granting bail to the petitioner no. 1 shall be produced by the petitioners before the Investigating Officer.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Shiraz