Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5237 of 2019 Petitioner :- Rohit Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Prakash Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 17.1.2019 registered as Case Crime No. 0051 of 2019, under Sections 323, 504, 506 and 392 IPC, P.S. Meja, District Prayagraj.
The contention of the learned counsel for the petitioner is that the respondent no. 4 (informant) is the brother-in-law of the petitioner and the first information has been lodged with a mala fide intention because several proceedings are pending between the petitioner and his wife, the sister of respondent no. 4. It has also been submitted that there is no injury report in support of the allegations.
It is well settled that the correctness of the allegations are not ordinarily to be tested in the writ jurisdiction, particularly, when the matter is pending investigation and, therefore, on the above ground, the impugned first information report is not to be quashed, more so, when the allegations levelled disclose commission of cognizable offence.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 26.2.2019 Md Faisal