Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23088 of 2018 Petitioner :- Hifza Zaki And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Dayal Tiwari Counsel for Respondent :- G.A.
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 mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 25.07.2018 registered as case crime no. 136 of 2018, under Sections 498A, 323, 504, 506, 304 B IPC & 3/ 4 D. P. Act, P.S. Kotwali, District -Gorakhpur.
It is submitted by learned counsel for the petitioners that petitioners are married sister-in-law (Nanad), brother-in-law (devar) and mother-in-law of Rushda Nisar daughter of respondent no. 4 Nisar Ullah and they are living separately from the son-in-law Mirza Ismail Beg @ Amir (husband) who is now in jail and daughter of respondent no. 4 having no concern either with the alleged demand of additional dowry made by his son-in-law or with the maltreatment or torture on account of non-fulfillment of alleged demand of additional dowry. He further submitted that 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 FIR qua petitioners is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners. As far as the question of lack of evidence in support of the allegation made in the impugned FIR is concerned the same shall be collected during investigation and 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 and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.8.2018 AKT