Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 15074 of 2019 Petitioner :- Nitin Garg @ Monu Agrawal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Babu Verma,Anita Singh,Nirmla Kumari Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Smt. Anita Singh, learned counsel for the petitioners and the 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 FIR dated 28.4.2019 registered as Case Crime No.255 of 2019 under sections 498-A, 506, 326A and 120B I.P.C. & 3/4 D.P. Act, P.S.- Jagdishpura, District-Agra.
It is submitted by learned counsel for the petitioner that the offence if any made out against Co-accused Mukesh (husband of sister of respondent no.4), petitioner has been falsely implicated for ulterior motives merely because the co-accused Mukesh is alleged to be working under the petitioner.
Per contra, the learned A.G.A has opposed the submission.
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 petitioner 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 :- 29.5.2019 Fhd.