Yogesh Kumar Chauhan Vs State of U.P. and 2 Others

Court No. - 29

Case :- CRIMINAL MISC. WRIT PETITION No. - 2509 of 2020

Petitioner :- Yogesh Kumar Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Rai,Akhila Nand Pandey Counsel for Respondent :- G.A.

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Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the petitioner and learned AGA for the respondents.

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The petitioner has preferred this petition for the quashing of the F.I.R. dated 20.04.2019 registered as Case Crime No. 202 of 2019, under Sections 498A, 323, 504, 506 I.P.C., Police Station Sarnath, District Varanasi.

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The petitioner is a husband and it is contended on his behalf that the informant-wife is in habit in lodging false report and in connection with an earlier report where all the family members were involved and a writ petition was filed for its quashing and the matter was referred to the medication center for amicable settlement.

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Now again the present FIR has been lodged with the ulterior and mala fide intention.

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In view of the allegations made in the FIR a cognizable offence is made out and it is not desirable to interfere with the FIR in exercise of discretionary jurisdiction but as the FIR has arisen out of the matrimonial discord and the matter is already under consideration before the medication center, we dispose of this writ petition with the direction that the petitioner shall not be arrested till the submission of the report under Section 173 Cr.P.C. provided the petitioner cooperates with the investigation which shall be completed most expeditiously in a fair manner.

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Accordingly, the Writ Petition is disposed of .

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Order Date :- 11.2.2020 piyush

Yogesh Kumar Chauhan v. State of U.P. and 2 Others

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Yogesh Kumar Chauhan v. State of U.P. and 2 Others

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