Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 9964 of 2019 Petitioner :- Yogendra Singh and 3 others Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Bipin Lal Srivastava,Sri S.K. Verma (Sr.Adv.) Counsel for Respondent :- G.A.,Kuldeep Kumar Dixit
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Shri Bipin Lal 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 mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned F.I.R. registered as Case Crime no.0241 of 2019, under Sections 498-A,323,504 IPC and Section 3/4 Dowry Prohibition Act, P.S. Faridpur, District Bareilly.
It is submitted by the learned counsel for the petitioners that on 26.3.2019, the petitioner no.1 lodged missing report on account of missing of his daughter-in-law Poonam alias Roopwati, but with a view to harass the petitioner, the respondent no. 4 lodged impugned F.I.R. with false and frivolous allegations, petitioners have not committed any offence as alleged in the F.I.R., a case of no injury, F.I.R. is malafidely motivated, same is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR 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 FIR as well as the other material brought on record, it cannot be said that prima facie, no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, 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 4 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 stands dismissed.
With this direction, this petition is finally disposed of. Order Date :- 30.4.2019 Ram Murti