Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 5327 of 2019 Petitioner :- Ravi Kumar and 5 others Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Hitesh Pachori, 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 1.2.2019 registered as Case Crime No. 060 of 2019 under sections 147, 452, 323, 504, 354 I.P.C, P.S. Jagdishpura, District Agra.
Learned counsel for the petitioners submits that the petitioner nos. 1 to 3 are real brothers, petitioner no.4 is their mother, and petitioner nos. 5 and 6 are wives of petitioner nos. 1 and 2 respectively and daughters -in law of the petitioner no.4, allegations made in the F.I.R. are highly exaggerated and mischievous coupled with the fact that a suit with regard to delivery of allocated shares in a partition dispute is pending between the parties and the present F.I.R. is a counter blast to the F.I.R. initially lodged by the petitioner as Case Crime No.059 of 20199 under Sections 352, 323, 452, 354, 506, 427 I.P.C., no offences are made out, F.I.R. 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 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 :- 26.2.2019 Ram Murti