Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25427 of 2018 Petitioner :- Gajram Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 5.8.2018 registered as Case Crime No. 188 of 2018, under Sections 498A, 304B I.P.C. and Section 3/4 D.P. Act, 1961, P. S.-Rajjabpur, District-Jyotiba Phule Nagar (Amroha).
It has been submitted by learned counsel for the petitioner that the petitioner is the father-in-law of the deceased, Sheela. He has further submitted that the impugned FIR has been lodged by the respondent no. 3, father of the deceased, Sheela alleging therein that after his son-in-law, Ashok had turned out his daughter Sheela from her matrimonial home on account of non-fulfilment of alleged demands of additional dowry, she started living in her parental home. However on 4.8.2018, his son-in-law, Ashok came to his house and on 5.8.2018 at about 8:30 A. M., he took his daughter to a nearby sugarcane field where after talking to his aunt, Leelawati, he with the aid of co-accused, Rinkoo, who was already present there, strangulated his daughter to death by wrapping a scarf around her neck. He has next submitted that although the petitioner is named in the FIR along with six other persons but neither any specific allegation has been made against him nor his presence at the place of incident has been alleged. In view of the above, his role stands clearly distinguishable from that of the other co- accused, Ashok and Rinkoo. Moreover, apart from the bald allegations made in the impugned FIR, no credible evidence, whatsoever, is coming forth, even prima facie, indicating at the petitioner's complicity in the commission of the alleged crime, hence the impugned FIR is liable to be quashed qua the petitioner. He has lastly submitted that this Court has granted protection to the co-accused vide order dated 27.8.2018 passed in Criminal Misc. Writ Petition No. 23349 of 2018 and for the aforesaid reason, the petitioner is also entitled to be same relief.
Per contra learned A. G. A. has submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that the investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 13.9.2018 HR