Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1993 of 2019 Petitioner :- Rajendra Tiwari And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard 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 certiorari quashing the impugned FIR dated 17.6.2018 registered as Case Crime No.201 of 2018 under sections 498A, 323, 504, 506, 494, 406 I.P.C. and Section 3/4 D.P. Act, P.S.-Gola, District- Gorakhpur.
It is submitted by learned counsel for the petitioners that its an off-shoot of a matrimonial dispute wherein apart from the husband entire family members have been arraigned as accused. This is a case of no injury, FIR is malafidely motivated, no offence is made out and the impugned 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 petitioners.
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 petitioner 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 :- 31.1.2019 Fhd.