Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25953 of 2019 Petitioner :- Intjar And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Saini Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the 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 29.09.2019 registered as Case Crime No. 844 of 2019 at P.S. Deoband, District- Saharanpur, under Sections 498-A, 376, 377, 342, 504, 506 I.P.C. and section 3/4 D.P. Act and section 3/4 M.W. Act.
The contention of the learned counsel for the petitioners is that though the allegations made in the impugned first information report may disclose commission of cognizable offence but the allegations are absolutely false and in fact the entire family has been implicated by levelling general allegations.
Be that as it may, from the allegations not only commission of cognizable offence is disclose but it is alleged that the victim has suffered injury and she was brought for medical examination.
Under the circumstances, as also that the allegations disclose commission of cognizable offences, the matter would have to be investigated and therefore the prayer of the petitioners to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioner nos. 3, 4 and 6 i.e. Smt. Akhtari; Smt. Sahraj; and Smt. Akila @ Vakila shall not be arrested till submission of police report under Section 173 (2) CrPC. provided they cooperate in the investigation.
The petition of the petitioner nos. 1,2 and 5 i.e. Intjar; Mahboob Hasan; Mustkim stands dismissed without prejudice to their right to apply for bail or anticipatory bail, as may be advised.
Order Date :- 20.12.2019 Sunil Kr Tiwari