Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16063 of 2019 Petitioner :- Saurabh Shukla And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Prakash Pathak Counsel for Respondent :- G.A.,Kunjesh Kumar Dubey
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Kailash Prakash Pathak, learned counsel for the petitioners, Sri Kunjesh Kumar Dubey, learned counsel for the respondent No. 4 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 27.5.2019 registered as case crime no. 233 of 2019 under sections 498A, 323, 406, 504, 506 I.P.C. and 3/4 of D.P. Act, police station Mahila Thana, District Prayagraj.
Learned counsel for the petitioners submits that the petitioner No. 2, who is the father of petitioner No. 1, is suffering from cancer. It is further submitted by learned counsel for the petitioners is that the petitioners are innocent and the present FIR have been lodged with a malafide intention for the purposes of harassment, hence the same is liable to be quashed.
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 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 Kamarjahan