Ram Bhawan and 3 Others Vs State of U.P. and 2 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 4832 of 2019

Petitioner :- Ram Bhawan And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawnesh Tiwari Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Sri Pawnesh Tiwari, learned counsel for the petitioners and Sri A.N. Mulla, learned A.G.A. for the State.

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This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 5.12.2018 registered as Case Crime No.0627 of 2018 under sections 498-A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, P.S. Kokhraj District Ghaziabad.

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It is submitted by learned counsel for the petitioners that it's an off-shoot of a matrimonial dispute, a case of no injury, apart from husband entire family members have been arraigned, no offence is made out, FIR be quashed.

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Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.

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After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.

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However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.

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

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Order Date :- 22.2.2019 Ram Murti

Ram Bhawan and 3 Others v. State of U.P. and 2 Others

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Ram Bhawan and 3 Others v. State of U.P. and 2 Others

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