Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25958 of 2019 Petitioner :- Chandra Pal And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohd. Akaram 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 18.09.2019 registered as Case Crime No. 385 of 2019 at P.S. Mangalpur, District- Kanpur Dehat (Ramabai Nagar), under Sections 498-A, 323, 506 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 disclose commission of cognizable offence but the allegations are absolutely false and they have been levelled just to implicate the entire family of the husband of the victim to exert pressure on the family.
Be that as it may, as the allegations disclose commission of cognizable offences, the matter would have to be investigated and therefore the prayer of the petitioners to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioner nos. 2 to 6 i.e. Ghasitete Lal; Smt. Geeta Devi; Km. Archana; Galoo @ Jaipal; and Smt. Soni 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. Chandra Pal (Husband) stands dismissed without prejudice to his right to apply for bail or anticipatory bail, as may be advised.
Order Date :- 20.12.2019 Sunil Kr Tiwari