Court No. - 28 Case :- MISC. BENCH No. - 4295 of 2010 Petitioner :- Nagesh Pathak, S/O-Omkar Nath Pathak Respondent :- State Of U.P., Thru. Secretary, Home & Others Petitioner Counsel :- Ratnesh Agnihotri,Satyendra Tiwari Respondent Counsel :- G.A. Hon'ble Alok K. Singh,J.
Hon’ble Vedpal,J.
Heard the learned counsel for the petitioner, learned A.G.A. and perused the
material on record.
This petition has been filed impugning the F.I.R. in respect of Case Crime
No.167 of 2010, Under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4
Dowry Prohibition Act, Police Station Krishna Nagar, District Lucknow.
The F.I.R. discloses commission of cognizable offence, therefore it cannot be
quashed.
However, it is submitted that the offences are triable by Magistrate and not so
grave and it pertains to matrimonial dispute.
Learned A.G.A. has nothing to say substantial against it.
In view of the aforesaid facts and circumstances it is provided that unless and
until any credible and cogent evidence is collected against the petitioners, he
(Nagesh Pathak) shall not be arrested in Case Crime No.167 of 2010, Under
Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act,
Police Station Krishna Nagar, District Lucknow subject to his full cooperation
in the investigation which shall go on.
With these observations this petition is finally disposed of.
Order Date :- 10.5.2010
PAL/