Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20094 of 2018 Petitioner :- Nisrat Bee And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manu Srivastava,Atharva Dixit Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manu Srivastava, learned counsel for the petitioners, Sri G.P. Singh, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer for quashing the impugned FIR dated 9.7.2018 registered as case crime no.400 of 2018 under sections 147, 308, 354, 323, 506 I.P.C., police station Puranpur, District Pilibhit.
It has been submitted by the learned counsel for the petitioners that respondent no. 4 is sister-in-law of petitioner no. 1. There are cross reports of the incident in which both sides have received injuries.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no. 1 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.
(ii) As far as the petitioner nos. 2 to 5 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
It is made clear that if, respondent no. 4 challenges the F.I.R. of case crime no. 412 of 2018 lodged from the side of the petitioner, she shall also be entitled for the same relief as the Court has granted indulgence to petitioner no. 1 taking into account the fact that she is a lady.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2018 Shiraz