Criminal Misc. Writ Petition seeking quashing of FIR alleging offences under sections 323, 324, 498-A, 504, 506 IPC. Court directed petitioner not to be arrested until police report is submitted.
Petitioner to not be arrested till submission of police report under section 173(2) Cr.P.C. but shall cooperate with investigation.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 5771 of 2018
Petitioner :- Pradeep Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Chandra Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Heard Sri Harish Chandra, learned counsel for the petitioner, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 1.1.2018, registered as Case Crime No.0003 of 2018, u/s 323, 324, 498-A, 504, 506 IPC, P.S. Indrapuram, district Ghaziabad.
Learned counsel for the petitioner submits that the petitioner is the Nandoi of respondent no.4. The two Nanad of respondent no.4 had challenged the FIR of the present case by filing Criminal Misc. Writ Petition No.5162 of 2018 in which their arrest was stayed by this Court on 28.2.2018, copy of the said order is annexed on page 28 of the present petition, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioner is distinguishable from the case of husband of respondent no.3 namely Jitendra Kumar.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 9.3.2018 Gaurav
2 issues framed by the court
Whether the FIR registered under sections 323, 324, 498-A, 504, 506 IPC should be quashed.
Whether the petitioner should be arrested pending investigation.
1 provisions across 1 enactments
Pradeep Sharma
State Of U.P.
Ramesh Sinha
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
