Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2213 of 2021 Petitioner :- Asha Devi And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pratik J. Nagar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 16.01.2021 registered as Case Crime No. 0057 of 2021 at P.S. Naini, District- Prayagraj, under Sections 498-A, 323, 504, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act.
Indisputably, the impugned first information report discloses commission of cognizable offence. The contention of learned counsel for the petitioners, however, is that the allegations are false.
Whether the allegations are true or false is to be determined on the basis of material collected during the course of investigation and the evidence led in trial, if any required, and therefore, on the grounds taken, the prayer of the petitioners to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail or anticipatory bail, as may be advised.
Order Date :- 7.4.2021 Kushal