Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37345 of 2018 Petitioner :- Sunita And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramanand Gupta Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Ramanand Gupta, learned counsel for the petitioners and the learned A.G.A.
It is submitted by learned counsel for the petitioners that the couple i.e, husband and wife have already obtained a protection in Criminal Misc. Writ Petition No.33010 of 2018 passed by this court on 17.11.2018, whereas the petitioners are the mother and 2 brothers of the husband.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 8.11.2018 registered as Case Crime No.0553 of 2018 under sections 364,120B I.P.C, P.S. Mansoorpur District Muzaffar Nagar.
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 petitioners.
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 petitioners 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 :- 19.12.2018 RS