Varun Saxena and 5 Others Vs State of U.P. and 2 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 9343 of 2019

Petitioner :- Varun Saxena And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Respondent :- G.A.

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

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Heard Shri Vindeshwari Prasad, learned counsel for the petitioners and the learned A.G.A.

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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 14.12.2018 registered as Case Crime No.375 of 2018, under sections 498-A, 323, 504, 506 I.P.C & 3/4 of D.P. Act, P.S. Usaihat, District Budaun.

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It is submitted by learned counsel for the petitioners that it's an offshoot of a matrimonial dispute, in which entire family has been arraigned, allegations are general in nature, it's a case of no injury, FIR is malafidely motivated, same is liable to 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 cooperation during investigation.

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

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Order Date :- 11.4.2019 N.S.Rathour

Varun Saxena and 5 Others v. State of U.P. and 2 Others

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Varun Saxena and 5 Others v. State of U.P. and 2 Others

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