Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34101 of 2018 Petitioner :- Amit Kesarwani And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Upadhyay,Vinod Kumar Upadhyay Counsel for Respondent :- G.A.,Brij Raj Singh,Shweta Srivastava
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the parties.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 28.02.2017 registered as Case Crime No. 192 of 2017, under Sections 498-A, 323, 504, 506, 377, 313, 511 I.P.C. & 3/4 Dowry Prohibition Act, P.S.- Colonelganj, District- Allahabad.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 3 roping in the entire family of her husband petitioner no. 1, Amit Kesarwani including her mother-in-law petitioner no. 2, Saroj Kesarwani, brother-in-law petitioner no. 3, Anuj Kesarwani, sister-in-law petitioner no. 4, Shalini Kesarwani and brother-in-law petitioner no. 5, Shibbu Kesarwani containing absolutely false and concocted allegations regarding commission of offences by them u/s 498-A, 323, 504, 506, 377, 313, 511 I.P.C. & 3/4 Dowry Prohibition Act. He next submitted that apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra learned A.G.A. submitted that upon perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence against the petitioners is made out and hence the impugned F.I.R. is not liable to be quashed.
After having heard the learned counsel for the parties present and perused the impugned F.I.R. as well as other material brought on record, we are not inclined to quash the impugned F.I.R.
However, in view of the peculiar facts and circumstances of the case and submissions made by the learned counsel for the petitioners, we dispose of this writ petition with the following conditions:-
1. The investigation of the aforesaid case shall go on but the petitioner nos. 2, 3, 4 and 5 shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to their extending full cooperation during investigation.
2. Qua petitioner no. 1, Amit Kesarwani, this writ petition stands dismissed. However, considering the nature of the allegations, it is directed that in case he appears before the court concerned within three weeks from today and applies for bail, the same shall be considered and disposed of expeditiously by the courts below.
Order Date :- 27.11.2018 KS