Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15697 of 2019 Petitioner :- Salman And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pavan Kumar Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Pavan Kumar, 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 by the petitioners with a prayer to quash the F.I.R. dated 18.04.2019 registered as case crime no.0037 of 2019 u/ss. 376, 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, PS. Mahila Thana, District Bijnor.
Learned A.G.A. was directed to seek instructions in the matter and though communication was sent to the authority concerned, they have not responded till date.
Learned counsel for the petitioners submits that petitioner no.1 is the husband of respondent no.4 and though the F.I.R. of the present case was registered under section 307 I.P.C. but it is a case of no injury. The said fact has been mentioned in para-7 of the present petition.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they 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 :- 11.6.2019 Madhurima