Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16059 of 2019 Petitioner :- Pintu Kumar And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Prakash Dwivedi Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Prakash Dwivedi, learned counsel for the petitioners, Sri V.K. 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 to issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 30.03.2019 registered as case crime no. 0043 of 2019, under sections 323, 506, 498A I.P.C. and section 3/4 D.P. Act, police station - Jigna, District - Mirzapur.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3 roping in the entire family of her husband, petitioner no. 1 containing absolutely false, concocted, vague and sweeping allegations against them. It has been further submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 2 to 8 hence the impugned FIR is liable to be quashed.
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.
It appears that general allegations have been levelled against the accused applicant nos. 2 to 8, therefore it is deemed proper that the matter requires consideration as against the accused applicants nos. 2 to 8 in terms of law laid down in judgment of Supreme Court rendered in the case of Geeta Mehrotra and others vs. State of U.P. 2012 (10 SCC 741..
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 nos. 2 to 8 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 no. 1 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of.
Order Date :- 10.6.2019 Bhanu (Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.)