Ashama Bano and 4 Others Vs State of U.P. and 2 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 7018 of 2019

Petitioner :- Ashama Bano And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shravan Kumar Mishra,Rajesh Kumar Mishra 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 Shravan Kumar Mishra, learned counsel for the petitioners and the learned A.G.A.

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This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 25.2.2019 registered as Case Crime No.0026/2019, under Sections 147/323/504/506/308/452/427 IPC, P.S. Didarganj, Azamgarh.

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It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged, roping in the entire family, on false / mischievious / vexatious allegations, the impugned FIR is liable to be quashed.

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Per contra, the learned A.G.A has opposed the submission.

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After having heard learned counsel for the parties and perusing 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 :

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(i) Investigation of the aforesaid case shall go on but the petitioner nos.1 & 3 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.

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(ii) As far as the petitioner nos. 2, 4 & 5 are concerned, the petition stand dismissed qua them.

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With this direction, this petition is finally disposed of.

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Order Date :- 14.3.2019 Chandra

Ashama Bano and 4 Others v. State of U.P. and 2 Others

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Ashama Bano and 4 Others v. State of U.P. and 2 Others

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