Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11233 of 2019 Petitioner :- Prasun Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Saroj Kashyap,Praveen Kumar Tripathi Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Praveen Kumar Tripathi, 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 6.12.2018 registered as Case Crime No.1376 of 2018 under sections 498A, 323, 504, 506, 377 I.P.C. & 3/4 D.P. Act, PS. Cantt, District Varanasi.
Learned counsel for the petitioner submits that the petitioners are husband, mother-in-law and brother-in-law and they are innocent and have been falsely implicated in the present case, a case of no injury, allegation of 377 I.P.C against the husband are malafidely motivated. The allegations levelled against them are absolutely, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Per contra learned A.G.A., submitted that from the perusal of the impugned F.I.R. and on the basis of allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
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 petitioners shall not be arrested till the submission of the 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 off.
Order Date :- 29.4.2019 Rk