Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16109 of 2019 Petitioner :- Sarla Devi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anjani Kumar Raghuvanshi Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri A. K. Raghuvanshi, learned counsel for the petitioners, Ms Archana Singh, 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 30.3.2019 registered as case crime no. 126 of 2019, under Sections 376, 313, 323, 506 IPC, P.S. Collector Bukganj, District Bareilly.
It is contended by learned counsel for the petitioners that petitioners are family members of co accused Dharmendra Sharma, who happens to be husband of respondent no. 3. It is further submitted that the respondent no. 3 is third wife of co accused Dharmenedra Sharma and the petitioners being family members of co accused Dharmendra Sharma have been falsely implicated in the present case by respondent no. 3 by levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing.
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 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 RavindraKSingh