Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37871 of 2018 Petitioner :- Veerwati And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kiran Gupta,Dharmendra Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Hard Sri Dharmendra Kumar Gupta for the petitioners and A.G.A. for the State.
The writ petition has been filed for quashing the F.I.R. dated 23.11.2018, registered as Case Crime No.0290 of 2018 under Sections 147, 148, 149, 323, 506, 395, I.P.C. P.S. Salempur, district Buandshahar.
In the F.I.R. in substance the allegation is that 13.11.2018 informant went at his matrimonial house along with two children, her brother and father then accused had assaulted her and snatched her gold chain and ear ring. The petitioners also assaulted father and brother of the informant in which hand of the father was fractured and also caused him head injury.
The counsel for the petitioners submits that for the incident dated 13.11.2018 the petitioners have also lodged F.,I.R. of Case Crime No.0286 pf 2018 on 15.11.2018 then in order to mount pressure on false allegation the present F.I.R. on 23.11.2018 was filed.
The F.I.R. discloses cognizable offence and is not liable to be quashed.
In the fact of the case the writ petition is disposed of directing that the petitioners shall not be arrested in Case Crime No.0290 of 2018 under Sections 147, 148, 149, 323, 506, 395, I.P.C. P.S.
Salempur, district Buandshahar till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 21.12.2018 mt