Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25444 of 2018 Petitioner :- Hari Mohan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Nath Singh,Akhilesh Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with the prayer to quash the F. I. R., which has been registered as Case Crime No. 303 of 2018, under Sections- 498A, 323, 506 and 376 I. P. C. and Sections-3/4 of D. P. Act at P. S.-Rura, district-Kanpur Dehat (Ramabai Nagar).
It has been submitted by learned counsel for the petitioner that the petitioner is the father-in-law (sasur) of the respondent no. 3. He has further submitted that the impugned F. I. R. has been lodged by respondent no. 3 roping in the entire family of her husband Anoop Kumar including his father, mother and younger brother, although general allegations of committing offence under Sections-498A, 323 and 506 I. P. C. and Sections-3/4 of D. P. Act have been made by her in the F. I. R. against her husband, father-in-law, mother-in-law brother-in-law (dewar) but specific allegation regarding comission of offence under Section 376 IPC has been made against her father-in-law (present petitioner), which is highly improbable. He has lastly submitted that even the statement of respondent no. 3 under Section 164 Cr. P. C. has not been recorded till date, hence the impugned F. I. R. which is a bundle of lies and product of malice, is liable to be quashed qua the petitioner.
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 nature of the allegations made in the F. I. R., the provisions of Section 157 Cr. P. C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U. P.; 1994 Cr. L. J. 1981, it is directed that the petitioner shall not be arrested in abovementioned case, till the credible evidence is not collected by the investigating officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 13.9.2018 HR