Allahabad High Court
Smt. Kamini Saini And 2Others vs State Of U.P. And 2 Others on 19 September, 2019
Bench: Pankaj Naqvi, Suresh Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 21487 of 2019 Petitioner :- Smt. Kamini Saini And 2others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashutosh Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Ashutosh, learned counsel for the petitioners and learned A.G.A.
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 12.9.2019, registered as Case Crime No.759/2019, under Sections 363/452/354/504/506/376/511 IPC, P.S. Civil Lines, Rampur.
Learned counsel for the petitioners submits that it's a joint petition on behalf of petitioner no. 1 / wife and petitioner no.2 / husband, victim is major as per her High School Marksheet / Certificate which reflects her date of birth as 7.5.2001, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
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 direction that investigation of the aforesaid case shall go on but the petitioners 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.
With this direction, this petition is finally disposed of.
Order Date :- 19.9.2019 Chandra