Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 25483 of 2018 Petitioner :- Puttu Singh Alias Piyush Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Kumar Singh,Sudesh Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the petitioners is permitted to make necessary correction in the array of the parties and mentioned the parentage of petitioner nos. 2 and 3.
Heard Sri Ashish Kumar Singh, learned counsel for the petitioners, Sri N.K. Verma, learned A.G.A. appearing for the State and 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. 3 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 02.08.2018 registered as case crime no. 574 of 2018, under Sections 354, 504, IPC and Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), Police Station Ghatampur, District Kanpur.
Learned counsel for the petitioner submits that the petitioner no.1 is the son of petitioner no.2 and petitioner no.3 happens to be the real brother of petitioner no.2. The said facts has been mentioned in para-11 pf the writ petition.
Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
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 and 3 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 stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 13.9.2018/VKG