Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 10599 of 2019 Petitioner :- Sandeep Saini And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Tiwari,Rajkapoor Upadhyay Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Santosh Kumar Tiwari, learned counsel for the petitioners and the learned A.G.A.
Sri V.S. Rajbhar, the learned A.G.A, has brought to the notice of the Court a report dated 29.4.2019, which is taken on record, indicating that respondent no.3 was confronted with the order of this Court dated 23.4.2019, but no one has appeared on his behalf.
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 28.9.2018 registered as Case Crime No. 416 of 2018, under sections 498-A, 323, 504, 506, 406 IPC & Section 3/4 D.P. Act, P.S. Mahila Thana, District Allahabad.
It is submitted by learned counsel for the petitioners that it's an offshoot of a matrimonial dispute, allegations are general in nature, entire family members have been implicated on false and vexatious allegations, it's a case of no injury, FIR is liable to 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 :- 30.4.2019 N.S.Rathour