Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 34197 of 2018 Petitioner :- Brijendra Kumar And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devendra Kumar Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J.
Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.137 of 2018, under Section 376, 323, 504, 506, IPC read with Section 3/4 Dowry Prohibition Act, Police Station Kidwai Nagar, District Kanpur Nagar.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; relationship has been explained in paragraph no.5 of the affidavit filed in support of the writ petition; much reliance has been placed in paragraph nos. 28, 33, 34, 38, 39, 40, 41; the Court has also been informed that the alleged victim has denied her medical examination and there are wast contradictions between the statements of Section 161 and 164 Cr.P.C. of the victim. The counsel for the petitioners further contended that as far as the main accused namely Ashwani Singh is concerned he has been granted indulgence by another Bench of this Court vide order dated 02.11.2018, copy of which has been annexed on page no. 93 of the affidavit filed in support of the writ petition; the contents of the said order dated 02.11.2018 has also been perused by this Court Court. The further contention of the counsel for the petitioners that apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 28.11.2018 VKG