Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1404 of 2019 Petitioner :- Reshma And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sachin Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Sachin Kumar Sharma, learned counsel for the petitioners, Sri Sudhakar Singh for the informant 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 23.11.2018 registered as Case Crime No. 0703 of 2018 under section 364 I.P.C, P.S. Bahjoi, District Sambhal.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, hence, the same be quashed.
Learned counsel for the informant and the learned A.G.A, opposed the submission.
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 :- 22.1.2019 N.S.Rathour