Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17042 of 2019 Petitioner :- Chhote And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lal Chandra Mishra,Usha Srivastava Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard the learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 01.05.2019 registered as Case Crime No. 424 of 2019 under Section 493, 406, 420, 504, 506 IPC & under Section 3/4 of D.P. Act, P.S. Naini, District Prayagraj.
It is submitted by the learned counsel for the petitioners that the respondent no. 3 has lodged the first information report against the petitioners as well as their son Shyam Karan that they had duped her money on the pretext of marriage. It is submitted that the entire allegation made in the first information report is absolutely false and vague. The son of the petitioners has approached the Court by filing a Writ Petition No. 14838 of 2019 and the coordinate Division Bench has granted interim protection by the order dated 28.5.2019 staying the arrest till submission of the police report under Section 173(2) Cr.P.C. The petitioners have nothing to do with the offence alleged in the first information report which has been lodged with the purpose of causing sheer harassment. He further submitted 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 petitioners in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 24.6.2019 A. V. Singh