Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25890 of 2019 Petitioner :- Avinash Tiwari And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prateek Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; 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 24.10.2019 registered as Case Crime No.409 of 2019, under Sections 498-A, 354, 323, 377 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Prem Nagar, District Bareilly.
The contention of learned counsel for the petitioners is that although the allegations made in the impugned first information report may disclose commission of cognizable offences but the fact is that the allegations are false and they have been levelled on account of matrimonial dispute between the husband and wife, namely, petitioner no.1 and the respondent no.3. It has been submitted that the entire family of husband, residents of New Delhi, has been implicated to exert pressure.
Be that as it may, as the correctness of the allegations is to be tested on the basis of material collected during the course of investigation therefore the prayer of the petitioners to quash the first information report, which discloses commission of cognizable offences, cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose of the petition by providing that in so far as petitioners 2, 3, 4, 5, 6 and 7, namely, Nand Kumar Tiwari; Manorma Tiwari; Abhilas Tiwari @ Hani; Ragni Dixit; Dileep Tiwari and Indu Tiwari are concerned, the investigation of the above case shall continue and brought to its logical conclusion but they shall not be arrested till submission of police report under Section 173 (2) CrPC, provided they co-operate in the investigation. In so far the petitioner no. 1, namely, Avinash Tiwari, is concerned, his petition stands dismissed without prejudice to his right to apply for bail/anticipatory bail, as may be advised.
Order Date :- 19.12.2019. Rks.