Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24550 of 2018 Petitioner :- Vanshidhar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the petitioners, Sri Irshad Husain, learned brief holder for the State and 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 mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 09.08.2018 registered as case crime no. 179 of 2018, under Sections 452, 323, 376, 392, 506, IPC, Police Station Chakiya, District Chandauli.
Learned counsel for the petitioners submits that there is allegation of rape against the petitioner no.1 only and the other petitioners are collateral of petitioner no.1, Learned A.G.A. opposed the prayer for quashing of the F.I.R. which discloses cognizable offence.
After having heard learned counsel for the parties present and perused the impugned FIR 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 petitioner nos.1 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 nos. 2 to 4 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 5.9.2018/VKG