Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16599 of 2019 Petitioner :- Sushila And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajendra Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri R.K. Pandey, learned counsel for the petitioners, Sri Irshad Hussain, 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 12.4.2019 registered as case crime no. 349 of 2019 under sections 306, 504, 506 I.P.C., police station Vijay Nagar, District Ghaziabad.
Learned counsel for the petitioners submits that wife of the deceased who was also an accused in the present case has already been arrested and sent to Jail and the petitioners are the family members of co-accused Hem Lata wife of the deceased on account of which they have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them, hence the same is liable to be quashed by this Court.
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 they shall co-operate with the investigation of the case.
The Investigating Officer is directed to conclude the investigation of the present case and submit the police report before the court concerned in accordance with law expeditiously preferably within a period of three months from today.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 14.6.2019 Shubhankar