Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26771 of 2018 Petitioner :- Vivek Dubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 28.05.2018 registered as Case Crime No. 420 of 2018, under Sections 498A, 323, 504, 506, 354 I.P.C. and Section 3/4 D.P. Act, P.S. Naubasta, District Kanpur Nagar.
Learned counsel for the petitioner submitted that the petitioner is the brother-in-law (devar) of the respondent no. 3 and the impugned F.I.R. has been lodged by her alleging commission of offence by him under Sections 498A, 323, 504, 506, 354 I.P.C. and Section 3/4 D.P. Act. Moreover apart from the bald allegations made in the impugned F.I.R. no credible evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, 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 his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 25.9.2018 SA