Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4444 of 2018 Petitioner :- Mohd. Saeed Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Manoj Kumar Rai,Mohd. Aslam Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri M.A. Khan, learned counsel for the petitioner, Sri Vikas Sahai, 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 petitioner with a prayer to quash the F.I.R. dated 9.2.2018 registered as case crime no. 43 of 2018 under sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, police station Thana Bhawan, District Shamli.
Learned counsel for the petitioners submits that the petitioner is the father- in-law of the deceased. Admittedly on the date and time of incident, he was at Dubai. At the most, the offence, if any, against the petitioner can be made out under section 498-A I.P.C. and 3/4 D.P. Act etc. The husband of the deceased is already confined in jail in the present case, hence the present F.I.R. against him 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 he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.2.2018 Shiraz