Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1409 of 2019 Petitioner :- Prince Singh And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bal Mukund Singh,Bal Mukund Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Bal Mukund Singh, learned counsel for the petitioner 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 18.12.2018 registered as Case Crime No.-789 of 2018 under sections 420,467,468,471 I.P.C, P.S. Bhojipura District Bareilly.
It is submitted by learned counsel for the petitioner that petitioner no.1 is married to respondent no.5 whereas respondent no.4 is the first informant. It is further submitted that proceedings under Section-9 of the Hindu Marriage Act are pending at the instance of petitioner no.1, F.I.R, is malafidely motivated, 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 the 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 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 :- 22.1.2019 RS