Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 1987 of 2019 Petitioner :- Shiv Prakash Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Krishna Kumar Shukla, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 12.12.2018 registered as Case Crime No. 0408 of 2018 under sections 323, 506, 377, 494, 496 I.P.C, P.S. Tharwai, District Prayagraj.
It is submitted by learned counsel for the petitioner that the petitioner is the husband, married to the daughter of respondent no.3, a matrimonial dispute in the form of Case Crime no. 0193 of 2018, under Sections 498-A, 323, 504, 506, 308, 312 IPC and 3/4 of D.P. Act, is already pending between the parties since 6.7.2018, the wife is alleged to be residing at her parental house, the subsequent impugned FIR is based on exaggerated allegations, which were not mentioned in the first FIR, no offences are made out against the petitioner, same 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 petitioner.
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 petitioner 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 :- 29.1.2019 / N.S.Rathour