Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25814 of 2019 Petitioner :- Aas Mohammad And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 27.06.2019 registered as Case Crime No. 68 of 2019 at P.S. Mahila Thana, District- Muzaffar Nagar, under Sections 498A, 323, 504 I.P.C. and section 3/4 D.P. Act.
The contention of the learned counsel for the petitioners is that although the allegations made in the impugned first information report may disclose commission of cognizable offence but the allegations are false and to exert pressure upon the husband, the entire family of the husband has been implicated by levelling general allegations.
Be that as it may, as the allegations disclose commission of cognizable offences, the prayer to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case as also the relationship of the petitioner nos. 2 to 7 qua the informant, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and brought to its logical conclusion but petitioner nos. 2 to 7 i.e Islamuddin; Jarisa; Warisa; Sajida; Rahina; and Sayeeda shall not be arrested till submission of police report under Section 173 (2) CrPC. provided they cooperate in the investigation.
The petition of the petitioner no.1 i.e. Aas Mohammad stands dismissed without prejudice to his right to apply for bail or anticipatory bail, as may be advised.
Order Date :- 18.12.2019 Sunil Kr Tiwari