Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 19984 of 2018 Petitioner :- Tejbir Gulati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sudeep Harkauli Counsel for Respondent :- G.A.,Satyendra Kumar Singh Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Sudeep Harkauli, learned counsel for the petitioner, Sri Satendra Kumar Singh, learned counsel for the respondent no. 4 and Ms. Meena Kumari, learned A.G.A. for the State.
This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime no. 210 of 2018, under Sections 498A, 323, 504, 506, 354(B), 307, 406, 376, 511 I.P.C. and Section 3/4 D.P. Act, P.S.
Mahila Thana, district-Ghaziabad.
Perusal of the record shows that the controversy involved in issue is matrimonial in nature and the entire family members have been implicated in the present case. The petitioner happens to be the husband. Further, only general allegation has been made in the FIR against the petitioner. In this view of the matter, an interim order was passed by another Bench of this Court on 26.7.2018 wherein it was observed that till the next date of listing or till the submission of police report u/s 173(2) CrPC whichever is earlier, the petitioner shall not be arrested.
We have perused the interim order dated 26.7.2018.
In view of the aforesaid facts and circumstances, no purpose would be served in keeping the matter pending any further before this Court.
Thus, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation.
It is further directed that investigation shall be completed positively within a period of one month from the date of production of certified copy of this order without granting unnecessary adjournment to either of the parties.
Order Date :- 21.1.2019 Faridul