Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 37781 of 2018 Petitioner :- Prabha Mishra And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Garun Pal Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 4.12.2018 registered as Case Crime No.912 of 2018, under Sections 342,386 IPC, P.S. Friends Colony, District Etawah.
Learned counsel for the petitioners submitted that the present prosecution of the petitioners is a counter blast to the FIR lodged by the petitioner no.1 against the son of the respondent no.3. Hence the entire allegations contained in the FIR lodged by the respondent no.3 is nothing but an abuse of process of law. The impugned F.I.R. is liable to be quashed.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioners shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 21.12.2018 M. Tariq