Mohd. Salim and 3 Others Vs State of U.P. and 2 Others

Court No. - 1

Case :- CRIMINAL MISC. WRIT PETITION No. - 21219 of 2018

Petitioner :- Mohd. Salim And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Siya Ram Pandey Counsel for Respondent :- G.A.,Harish Chandra

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Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Siya Ram Pandey, learned counsel for the petitioners, Sri R. Gupta, learned counsel for the caveator, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 06.06.2018 registered as case crime no.534 of 2018 u/ss. 323, 376D, 392, 34 IPC, PS. Masoorie, District Ghaziabad.

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Learned counsel for the petitioners submits that petitioner no.1 happens to be the father in law of the husband of respondent no.3 as he was earlier married to the daughter of petitioner no.1 and there was some matrimonial dispute between Munaf Ali, husband of respondent no.3 and daughter of petitioner no.1 on account of which, the present FIR has been registered.

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Learned AGA and learned counsel for the caveator vehemently opposed the prayer for quashing of the FIR and submitted that there is allegation of gang rape against the petitioners as per statement of the prosecutrix u/s. 164 Cr.P.C and the victim is stated to be pregnant.

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Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioners shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.

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With the above direction, this petition is finally disposed of.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 6.8.2018/Madhurima

Mohd. Salim and 3 Others v. State of U.P. and 2 Others

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Mohd. Salim and 3 Others v. State of U.P. and 2 Others

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