Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26651 of 2018 Petitioner :- Gopal Jaiswal And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Dubey 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 petition has been filed by the petitioners with the prayer to quash the impugned F. I. R., which has been registered as Case Crime No. 125 of 2018, under sections-316, 498-A, 323 and 504 IPC and Sections-3/4 D. P. Act at P. S.- Dumariaganj, district-Siddhartha Nagar.
It has been submitted by learned counsel for the petitioners that after the petitioner nos. 1 and 2 had disowned their son and disinherited him from their property by publishing a notice, the respondent no. 3 at the instigation of her husband, Ashish Jaiswal, who is the son of petitioner nos. 1 and 2, filed an application under Section 156 (3) Cr. P. C. with the prayer to register and investigate the case against the petitioner nos. 1 to 7, who are her father-in-law (sasur), mother-in-law (sas), un-married and married sisters-in-law (nanad) and brothers-in-law (nandoi) under the appropriate sections, the concerned C. J. M. passed an order for registering the case against the petitioner no. 1 alone, but the impugned F. I. R. has been registered against all the family members of the petitioner no. 1. He has further submitted that apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of the alleged offence, hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to their extending full cooperation in the investigation.
Order Date :- 25.9.2018 HR