Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 26109 of 2019 Petitioner :- Priti Chaudhary And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahesh Prasad Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the Non-Cognizable report dated 24.08.2019 recorded as N.C.R. No. 0072 of 2019 at P.S. Parsamalik, District- Maharajganj, under Section 498 I.P.C. on which the Court of Additional Chief Judicial Magistrate, Maharajganj has allowed investigation under Section 155(2) Cr.P.C. vide order dated 06.11.2019.
As the offence punishable under Section 498 I.P.C. is bailable, we deem it appropriate to dispose off this petition by providing that the petitioner no.2, who is the accused, is free to obtain bail and produce the victim (petitioner no.1) for recording her statement by the investigating officer.
With the aforesaid liberty, the petition stands disposed off. Order Date :- 20.12.2019 Sunil Kr Tiwari