Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2741 of 2019 Petitioner :- Salman and 4 others Respondent :- State Of U.P. and 2 others Counsel for Petitioner :- Abhitosh Mishra,Pushpendra Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Pushpendra Singh, learned counsel for the petitioners and the learned A.G.A. for the State.
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 18.12.2018 registered as Case Crime No.0451 of 2018 under sections 498-A, 323, 506 of I.P.C. and 3/4 of D.P. Act, P.S. Shahzad Nagar District Rampur.
Learned counsel for the petitioner submits that it's an offshoot of matrimonial dispute, no injury case, allegations are malafidely motivate, no offence is made out against the petitioners, 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 :- 31.1.2019 Ram Murti