Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11487 of 2019 Petitioner :- Vishal Sharma And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Om Prakash Srivastava, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 6.3.2019 registered as Case Crime No. 0143 of 2019, under sections 498-A, 328, 342, 323, 504, 506 IPC & Section 3/4 D.P. Act, P.S.
Majhola, District Moradabad.
It is submitted by learned counsel for the petitioners that it's an offshoot of a matrimonial dispute, allegations are general in nature, entire family members have been implicated on false and vexatious allegations, coupled with the fact that the allegations with regard to the forcible administration of insecticide is absolutely mischievous, as there are neither any injuries, nor any medical report, FIR is liable to be quashed.
Per contra learned A.G.A, 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 petitioners.
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 petitioners 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 :- 30.4.2019 N.S.Rathour