Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 4646 of 2018 Petitioner :- Hassim Urf Lallu And 2 Ors. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Irshad Ahmad Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,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 mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 08.02.2018 registered as case crime no. 03 of 2018 under Sections 498-A, 504, 506, 377, 354 IPC and 3/4 Dowry Prohibition Act, 1961, Police Station Mahila Thana, District Fatehpur.
It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 3 against the petitioner Nos.1,2 and 3 who are Jeth, Jethani and Nanad respectively, including husband (who has filed his separate writ petition being writ petition No.4996 of 2018) containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being tortured and maltreated by them in her matrimonial home. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
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(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 27.2.2018 Pr/-