Allahabad High Court
Vijai Chauhan And Another vs State Of U.P. And 2 Others on 22 October, 2019
Bench: Pankaj Naqvi, Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13791 of 2019 Petitioner :- Vijai Chauhan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Uma Shankar Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Suresh Kumar Gupta,J.
In view of office report dated 2.9.2019 service is deemed to have been sufficient on respondent no.3, yet no one has appeared on his behalf.
Heard Shri Uma Shankar, learned counsel for the petitioners and the learned A.G.A.
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 11.8.2018 registered as Case Crime No.161 of 2018 under sections 363,366 I.P.C, P.S. Devgaon District Azamgarh.
It's a joint petition on behalf of petitioner no.1/husband and petitioner no.2/wife, supported by affidavit of petitioner no.2, admittedly she has attained the age of majority, living without any coercion as husband and wife, allegations levelled against them are absolutely false, frivolous and baseless, no offence is made out, FIR be quashed.
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.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
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 co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 22.10.2019 RS