Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24207 of 2019 Petitioner :- Gulzar Ahmed And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Kumar,Amod Pandey Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 24.09.2019 registered as Case Crime No. 0958 of 2019 at P.S. Lesari Gate, District- Meerut, under Sections 498-A, 323, 504, 506, 406, 427 I.P.C. and section 3/4 D.P. Act and section 3/4 The Muslim Women (Protection of Right on Marriage) Act, 2009.
The contention of the learned counsel for the petitioners is that from the allegations made in the impugned first information report it appears that the informant was aggrieved by the second marriage of the petitioner no.1 and therefore she has levelled false allegations against not only the petitioner no.1 but his elder brothers, namely, petitioner nos. 2 to 4.
From a perusal of the first information report, it cannot be said that the allegations do not disclose commission of cognizable offence and therefore the prayer of the petitioners to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case including the possibility of false implication of other family members of the husband of the informant, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and brought to its logical conclusion but petitioner nos. 2 to 4 (Iqbal Ahmed; Irfan Ahmed; and Furkan Ahmed) shall not be arrested till submission of police report under Section 173 (2) CrPC. provided they cooperate in the investigation.
The petition of the petitioner no.1 (Gulzar Ahmed) stands dismissed without prejudice to his right to apply for bail or anticipatory bail, as may be advised.
Order Date :- 28.11.2019 Sunil Kr Tiwari