Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 2570 of 2019 Petitioner :- Gautam And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Sharma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Learned counsel for the petitioners is permitted to correct the description of the petitioners.
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 F.I.R. dated 15.1.2019, registered as Case Crime No. 08 of 2019, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Mahila Thana, District Mathura.
Learned counsel for the petitioners submitted that the impugned F.I.R. has been lodged by the respondent no. 3 roping in the entire family of his son- in-law (damaad) including his father, mother, brothers, sisters falsely alleging commission of offences by them under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act. Moreover apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity and hence the impugned F.I.R. qua petitioner nos. 2 to 9 is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner nos. 2 to 9 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.
As far as petitioner no. 1 is concerned, who is the husband of the daughter of the respondent no. 3, the petition stands dismissed. However, it is directed that in case he appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 31.1.2019 SA