Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16719 of 2019 Petitioner :- Sudhir Kumar Srivastava And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Arvind Kumar, learned counsel for the petitioners, Sri I.P.S. Rajpoot, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari for quashing the impugned First Information Report dated 21.04.2019, arising out of Case Crime No. 190 of 2019, under Sections 498A, 323, 504, 506, 406 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana, District Prayagraj. It has further been prayed not to arrest the petitioners in the aforesaid case.
Learned counsel for the petitioners submits that the main allegations are against petitioner no. 1 who is husband of respondent no. 3. The rest of the petitioners no. 2 and 3 are mother-in-law and brother-in-law of respondent no.3, who have been falsely implicated in the present case. They have nothing to do with the present offence as no specific allegations have been made against them in the impugned first information report. Learned counsel for the petitioners further submits that besides the present case, the respondent no. 3 has also slapped various other cases such as, cases relating to domestic violence etc. The petitioners are innocent, hence, the first information report is liable to be quashed.
Per contra learned A.G.A. has opposed the prayer for quashing of the first information report.
After having heard learned counsel for the parties and perused the impugned F.I.R. as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioners no. 2 and 3 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.) Order Date :- 14.6.2019 sailesh