Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20671 of 2018 Petitioner :- Shanker Dayal Chaubey And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hari Pratap Gupta,Manish Gupta Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Hari Pratap Gupta, learned counsel for the petitioners, Sri D.N. Mishra, learned counsel for the Caveator and 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 29.06.2018 registered as case crime no. 0147 of 2018, under sections 377, 307, 452, 323, 504, 352, 506 I.P.C. and 3/4 D.P. Act, Police Station Koluhi, District Maharajganj.
Learned counsel for the petitioners submits that the husband of petitioner no. 3 is in jail and the petitioner nos. 1 & 2 are in- laws of the victim. The petitioners are innocent and the present FIR has been lodged with a malafide intention for the purpose 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 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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 31.7.2018 S.K.