Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 38013 of 2018 Petitioner :- Pankaj And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Sanehi Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri R.S. Yadav, learned counsel for the petitioners, Sri Prabhash Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners for quashing the impugned FIR dated 21.10.2018 registered as case crime no. 562 of 2018 under sections 498, 306 I.P.C., police station Kotwali Dehat, District Etah.
It has been submitted by the learned counsel for the petitioners that petitioner no. 3 is the wife of respondent no. 3. There was some illicit relations between petitioner nos. 1 and 3 on account of which the mother- in-law of petitioner no. 3 is said to have committed suicide. There is no specific allegation against petitioner no. 2, who is an student.
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. 2 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. 1 and 3 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 21.12.2018 Shiraz