Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 21110 of 2019 Petitioner :- Dharmendra And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeet Kumar Mishra Counsel for Respondent :- G.A.,Anil Kumar Dubey,Chandra Bhan Dubey Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents no. 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 6.8.2019 registered as Case Crime No. 0097 of 2019 at P.S. Mahila Thana, District Gautam Budh Nagar, U/s 498-A, 323, 504 I.P.C. and 3/4 D.P. Act.
On14.10.2019, following order was passed:-
"The contention of learned counsel for the petitioners is that the impugned first information report makes allegations against the husband of the informant of having illicit relations with Jethani of the informant. Other than that there is no specific allegation as to how and in what manner the other relatives of husband of the informant have harassed the informant. There is also no specific allegation against other accused of making demand for dowry.
The matter requires consideration.
Learned AGA has accepted notice on behalf of respondents 1, 2 and 3. Sri Chandra Bhan Dubey has accepted notice on behalf of respondent no.4. They pray for and are allowed three weeks time to file counter affidavit.
Learned counsel for the petitioners, pursuant to the order dated 11th September, 2019, has offered a sum of Rs.30,000/- but the counsel for the informant is not willing to accept the same.
Let the matter be listed after three weeks before appropriate Bench. In the meantime, till the next date of listing or till submission of police report under Section 173 (2) CrPC, the petitioners shall not be arrested in Case Crime No.0097 of 2019, under Sections 498-A, 323 and 504 IPC and Section 3/4 of Dowry Prohibition Act, police station Mahila Thana, district Gautam Budh Nagar provided they co-operate in the investigation. It is made clear that this court has not stayed the investigation."
No counter affidavit has been filed.
Considering the nature of the order that we propose to pass, we do not consider it necessary to give further time to the respondents to file their counter affidavit.
This petition is disposed off by providing that investigation of the above case shall continue and brought to its logical conclusion but till submission of police report under Section 173 (2) CrPC, the petitioners shall not be arrested provided that they cooperate in the investigation.
The petition is disposed off.
Order Date :- 28.11.2019 Saurabh