Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25932 of 2019 Petitioner :- Hasnain And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Counsel for Respondent :- G.A.,Mahesh Dwivedi,Shanti Bhushan Mishra
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; 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 25.10.2019 registered as Case Crime No.812 of 2019, under Sections 498-A, 323, 504, 506 and 376-D I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Handia, District Prayagraj.
The contention of learned counsel for the petitioners is that the impugned first information report though disclose commission of cognizable offences but the entire family of husband of the informant has been implicated by levelling one allegation or the other and two brothers of husband have also been implicated by levelling false allegation that they have sexually assaulted the victim. It has been submitted that the petitioners 2 and 3 are old persons, who are father-in-law and mother-in-law of the informant, and have been falsely implicated.
Be that as it may, as the allegations disclose commission of cognizable offences, the matter would have to be investigated therefore the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the nature of the allegations made and the relationship of the petitioners 2 and 3 qua informant, we deem it appropriate to dispose of the petition by providing that in so far as petitioners 2 and 3, namely, Akbar Ali and Madina Begum are concerned, the investigation of the above case shall continue and brought to its logical conclusion but they shall not be arrested till submission of police report under Section 173 (2) CrPC, provided they co-operate in the investigation. In so far the petitioner nos. 1, 4 and 5 namely, Hasnain; Faiz and Ijhaar are concerned, their petition stands dismissed without prejudice to their right to apply for bail/anticipatory bail, as may be advised.
Order Date :- 20.12.2019. Rks.