Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11510 of 2019 Petitioner :- Raj Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Ashutosh Kumar Mishra, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 7.2.2019 registered as Case Crime No. 71 of 2019, under sections 498-A, 323, 504, 506 IPC & Section 3/4 D.P. Act, P.S. Tappal, District Aligarh.
It is submitted by learned counsel for the petitioner that it's an offshoot of a matrimonial dispute, petitioners are the husband and inlaws, allegations are general in nature, coupled with the fact that on an earlier occasion too, the respondent no.3 had preferred a complaint by way of an application under Section 156 CrPC, which is presently pending, FIR is liable to 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 petitioner.
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 his extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 30.4.2019 N.S.Rathour