Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 10954 of 2019 Petitioner :- Naushad Ahmad and 5 others Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Mohammad Alam Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Mohammad Alam, learned counsel for the petitioners and Sri A.N. Mulla, learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 25.3.2019 registered as Case Crime No. 44 of 2018 under sections 498-A, 323, 313, 377 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Bareilly.
It is contended on behalf of the petitioners that it's an offshoot of a matrimonial dispute where entire family of the husband has been implicated for ulterior motives, as case of no injury, allegations under Sections 313 and 377 I.P.C are malafidely motivated, no date of alleged incident is disclosed in the F.I.R, same is liable to be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 25.4.2019 Ram Murti