Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 22424 of 2018 Petitioner :- Rajesh Kumari And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satendra Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Counter affidavit filed on behalf of the State in Court today is taken on record.
Heard the learned counsel for the parties.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 264 of 2018, under Sections 498A, 376 I.P.C. and section 3/4 D. P. Act, Police Station- Kishni, District Mainpuri.
Perusal of the record shows that there is an interim order dated 18.8.2018 passed by another Bench of this Court. We have perused the interim order dated 18.8.2018.
In view of the facts and circumstances of the case and also keeping in view the nature of controversy involved in issue and the nature of allegation as made in the FIR, no purpose would be served in keeping the matter pending any further before this Court.
Thus, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation.
Order Date :- 29.11.2018 Kuldeep