Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22785 of 2018 Petitioner :- Gopal Prasad And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A.G.A for the State.
Learned counsel for the petitioners contends that on account of matrimonial discord between the spouse, the husband along with the entire family members have been falsely implicated in the present case by the respondent no.4 on general allegations, which is against the settled principles of law as laid down in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh reported in 2012
(10) SCC 741. It is further contended that even bare reading of the F.I.R., would go to show that the prosecution story is highly improbable as such the prosecution of the petitioners cannot be sustained.Learned counsel further contends that the offence under Section 376 and 377 I.P.C., has been levelled upon the husband, who is not a party in the present case.
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested pursuant to the F.I.R., dated 13.05.2018 lodged in Case Crime No.0149 of 2018 under Sections 498A, 323, 506, 376, 511, 377 I.P.C., and Section 3/4 of Dowry Prohibition Act 1961, Police Station Kothibhar, District Maharajganj, till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed off.
Order Date :- 21.8.2018 S.Ali