Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23209 of 2018 Petitioner :- Gappu @ Manoj Joshi And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Shukla Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 10.08.2018 registered as Case Crime No. 543 of 2018, under Sections 498-A, 307 IPC and section 3/4 D.P. Act, P.S. Govind Nagar, District Mathura.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3 who is uncle of wife of petitioner no. 1 containing absolutely false and concocted allegations against her husband, mother-in-law, father-in-law and brothers-in-law alleging commission of offences by them under Sections 498-A, 307 IPC and section 3/4 D.P. Act. He next submitted that apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. 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 in case petitioner no. 1 appears before the court concerned within 30 days from today and applies for bail, the same shall be heard and disposed of in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. So far as petitioner No. 2 to 5 are concerned, they shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.8.2018 RPD