Court No. - 29 Case :- CRIMINAL MISC. WRIT PETITION No. - 9864 of 2010 Petitioner :- Ravi And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Sanjay Kumar Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon’ble Rajesh Chandra,J.
We have heard learned counsel for the petitioners, learned A.G.A. and have
perused the impugned F.I.R.
The petitioners through the present writ petition have invoked the
extraordinary jurisdiction of this Court under Article 226 of The Constitution
of India praying for certiorari quashing the impugned F.I.R. dated 22.4.2010,
relating to crime no.17 of 2010, under Sections 498-A, 323, 504 I.P.C. and
Section 3/4 Dowry Prohibition Act, P.S.- Didauli, District- J. P. Nagar. The
ancillary prayer is to issue a writ of mandamus commanding the respondents
not to arrest the petitioners in the aforesaid crime number pendentilite the writ
petition.
Since we find that the case of petitioner no.1 Ravi is distinguishable from rest
of the petitioners, hence this writ petition is dismissed. However, his bail
prayer is directed to be considered, if possible, on the same day.
On the facts of the present petition the petitioners no.2 to 6 namely Pyare Lal,
Bhuri, Rakesh, Bebi and Rubi shall not be arrested in the aforesaid crime
no.17 of 2010 for the aforesaid offences till the submission of chargesheet
against them under Section 173(2) Cr.P.C., if any.
The writ petition is accordingly disposed of.
Order Date :- 25.6.2010
Mustaqeem.