Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16462 of 2019 Petitioner :- Saba And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashiyam Nasir,Shabeena Begum Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ashiyam Nasir, learned counsel for the petitioners, Sri Irshad Hussain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 19.7.2018, registered as Case Crime No.260 of 2018, u/s 323, 306, 504 IPC, P.S. Siana, district Bulandshahar.
Learned counsel for the petitioners submits that the deceased was the husband of petitioner no.1. The deceased consumed some poisonous substance and died. The present FIR has been lodged against the petitioner no.1 and her family members. Moreover the father of the petitioner no.1 has also died because of the present incident. The cause of death of the deceased could not be ascertained and viscera was preserved and viscera report is still awaited. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Gaurav