Uma Shankar @ Umesh Sharma and Another Vs State of U.P. and 2 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 9985 of 2019

Petitioner :- Uma Shankar @ Umesh Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Prakash Singh Counsel for Respondent :- G.A.

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

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Heard 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 30.03.2019 registered as Case Crime No.0233 of 2019 under sections 323, 354, 506 498A I.P.C. & 3/4 D.P. Act, P.S.- Tronika City, District- Ghaziabad.

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It is submitted by learned counsel for the petitioners that its an off-shoot of a matrimonial dispute, petitioners are the father and mother-in-law of respondent no.3, the allegations levelled against them are general in nature, this is a case of no injury, FIR is malafidely motivated, no offence is made out and 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 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 :- 18.4.2019 Fhd.

Uma Shankar @ Umesh Sharma and Another v. State of U.P. and 2 Others

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Uma Shankar @ Umesh Sharma and Another v. State of U.P. and 2 Others

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