Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16215 of 2019 Petitioner :- Yogesh Kumar @ Manish And 6 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ray Sahab Yadav Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Ray Sahab Yadav, learned counsel for the petitioners, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the 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 certiorari for quashing the impugned First Information Report dated 24.02.2017, arising out of Case Crime No. 20 of 2017, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Devrahat, District Ram Bai Nagar. It has further been prayed not to arrest the petitioners in the aforesaid case.
Learned counsel for the petitioners submits that the main allegations are against petitioner no. 1 who is husband of respondent no. 5. The rest of the petitioners no. 2 to 7 are other family members of petitioner no. 1, who have been falsely implicated in the present case. They have nothing to do with the present offence as no specific allegations have been made against them in the impugned first information report.
Per contra learned A.G.A. for the State submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned F.I.R. 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. 2 to 7 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 no. 1 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.) Order Date :- 11.6.2019 sailesh