Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 13636 of 2019 Petitioner :- Rahul And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Singh Counsel for Respondent :- G.A.,Santosh Kumar Dubey
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Pursuant to the previous order dated 20.05.2019 a report in sealed cover has been submitted before us, which has been opened in our presence and kept on record. The report indicates that the petitioner No. 1 is HIV negative.
Heard Shri Santosh Singh, 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 mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 8.4.2019, registered as Case Crime no.0184 of 2019, under Sections 406, 420, 498-A,323,506, 406 IPC and Section 3/4 D.P. Act, P.S. Khoda, District Ghaziabad.
It is submitted that the petitioners are husband, mother-in-law, brothers-in-law, Dewar, sister-in-law and brother-in-law (Jeeja), it's a case of no injury, allegations allegations levelled against them are absolutely false, frivolous and baseless, no offence is made out, the FIR be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
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 :- 31.5.2019 LBY