Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16658 of 2019 Petitioner :- Ram Mehar Jayant And 5 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ajay Kumar Tiwari,Sangam Lal Kesharwani Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri S.L. Kesarwani, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer for quashing the impugned FIR dated 30.5.2019 registered as case crime no. 364 of 2019 under sections 498-A, 323, 504, 506, 307 I.P.C. and 3/4 D.P. Act, police station Sadar Bazar, District Saharanpur.
It has been submitted by the learned counsel for the petitioners that the petitioners are in-laws of the victim-sister of respondent no. 4. The marriage of sister of respondent no. 4 was solemnized in the year 2017 with one Amit Kumar son of petitioner nos. 1 and 6. He submits that the husband of the victim has not been made accused in the present case. The petitioners have been falsely implicated in the present case levelling false and frivolous allegations, hence the same is liable to 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 and submitted that specific allegation of administering poisonous substance to the victim has been levelled against her petitioner no. 6-mother-in-law of the victim.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 1 to 5 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 6 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Shiraz