Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23528 of 2018 Petitioner :- Rakesh Tiwari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Krishna Koli Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 14.07.2018 registered as case crime no. 50 of 2018, under Sections 498-A, 323, 504, 506, 406, 328, 511 I.P.C. and 3/ 4 D. P. Act, P.S.
Mahila Thana, District -Gorakhpur.
It is submitted by learned counsel for the petitioners that petitioners are jeth and jethani of respondent no. 3 who are living separately from her and and her husband, having no concern either with her alleged maltreatment in her matrimonial home or with the alleged demand for dowry, yet they have been falsely implicated by her in the present case with the ulterior intention of harassing them. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity and hence the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners. As far as the question of lack of evidence in support of the allegation made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, 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 :- 28.8.2018/AKT