Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 17031 of 2019 Petitioner :- Deepak Kushwaha And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Yadav Counsel for Respondent :- G.A.,Rakesh Kumar Shukla
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners, Shri Rakesh Kumar Shukla, learned counsel appearing for the caveator-respondent no. 3 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 21.1.2019 registered as Case Crime No. 058 of 2019 under Section 498A, 323, 504, 506 IPC and under Section 3/4 of D.P. Act, P.S. Kotwali, District Jhansi.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the FIR lodged by the respondent no.3. Hence the FIR deserves 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 the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
So far as the petitioner no. 2 is concerned, it is further provided that she shall be released on interim bail till the final disposal of the regular bail application.
Order Date :- 24.6.2019 A. V. Singh