Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 14204 of 2019 Petitioner :- Vinod Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Satyendra Kumar Singh, learned counsel for the petitioner, Sri Mayank Maurya, learned counsel for the informant and Sri A.N. Mulla, learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 26.2.2019 registered as Case Crime No. 107 of 2019 under sections 498-A, 308, 342, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Shivpur, District Varanasi.
It is submitted by the learned counsel for the petitioner that it's an offshoot of a matrimonial dispute, petitioner is the husband, case of no injury, F.I.R. is malafidely motivated, same is liable to be quashed.
Per contra learned A.G.A. and learned counsel for the informant 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 petitioner. However, learned counsel for the informant fairly submitted that it is a case of no injury.
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 petitioner 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 :- 30.5.2019 Ram Murti