Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26621 of 2018 Petitioner :- Gurdev Singh And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikrant Gupta Counsel for Respondent :- G.A.,Mirza Ali Zulfaqar
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 F.I.R. dated 07.09.2018 registered as Case Crime No. 617 of 2018, under Sections 498A, 323, 313, 328, 376, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S.
Swar, District Rampur.
Learned counsel for the petitioners submitted that the impugned F.I.R. has been lodged by the respondent no. 4, Smt. Baljit Kaur, wife of petitioner no. 1, Gurdev Singh roping in the entire family of her husband including his father, mother and brother alleging commission of offences by them under Sections 498A, 323, 313, 328, 504, 506 I.P.C. and Section 3/4 D.P. Act. The allegation regarding commission of offence under Section 376 has been made against the petitioner no. 4, Kuldeep Singh @ Deepu alone. 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 3 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 submissions made by learned counsel for the petitioners and the nature of allegations made in the impugned F.I.R., we dispose of this writ petition with the following directions :-
(1) Qua petitioner no. 1, Gurdev Singh who is the husband of the respondent no. 4, Smt. Baljir Kaur, 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 in view of the settled law laid down 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 which has been affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
(2) Investigation of the aforesaid case shall go on but the petitioner nos. 2 to 3 shall not be arrested till submission of police report under Section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
(3) As far as petitioner no. 4, Kuldeep Singh @ Deepu is concerned, who is the brother-in-law (devar) of the respondent no. 4, Smt. Baljir Kaur, the petition stands dismissed.
Order Date :- 24.9.2018 SA