Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 19950 of 2019 Petitioner :- Zaheer And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Zafar Abbas, learned counsel for the petitioners, Sri Amrit Raj Chaurasia, 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 for quashing the impugned FIR dated 2.6.2019, under Sections 147, 420, 354-B, 323, 504, 506 IPC and 3(2)(va) SC/ST Act, P.S. Majhola, District Moradabad.
Learned counsel for the petitioners states that the civil litigation is pending between the parties and the respondent no.3 just to harras the petitioners, the impugned FIR has been lodged. From the perusal of the FIR, it is apparent that the victim clothes were torned out and the victim belongs to SC/ST.
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, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos.2 and 3 who are ladies 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) So far as the petitioner no.1, 4 and 5 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Raj Beer Singh, J.) (Ramesh Sinha, J.) Order Date :- 26.7.2019/Neeraj