Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 24518 of 2018
Petitioner :- Irshad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rupesh Srivastav Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 21.07.2018 registered as Case Crime No. 675 of 2018 under Sections 498A, 377, 376, 313, 506, 307 I.P.C., P.S.- Bahedi, District- Bareilly.
It has been submitted by the learned counsel for the petitioners that the F.I.R. has been lodged by respondent no. 3, Smt. Asma roping in the family of her husband Yunus Ansari including petitioner no. 1, Irshad (Devar) and petitioner no. 2, Smt. Haseen Jahan (saas) containing absolutely false and concocted allegations regarding commission of offences by them under Sections 498A, 313, 506, 307 I.P.C., although there is no injury of respondent no. 3 on the record. The allegations regarding commission of offences under Section 376 and 377 I.P.C. has been made by her against the petitioner no. 1, Irshad that he had committed rape on her in the presence of his mother. He next submitted that the allegations made in the impugned F.I.R. are palpably false and not supported by any credible evidence, hence the impugned F.I.R. which is a bundle of lies and product of malice, is liable to be quashed.
Per contra learned AGA submitted that upon perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence against the petitioners is made out and hence the impugned F.I.R. is not liable to be quashed.
After having heard the learned counsel for the parties present and perused the impugned F.I.R. as well as other material brought on record, we are not inclined to quash the impugned F.I.R.
However, in view of the peculiar facts and circumstances of the case and submissions made by the learned counsel for the petitioners, we dispose of this writ petition with the following directions:-
1. The investigation of the aforesaid case shall go on but the petitioner no. 2, Smt. Haseen Jahan shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to her extending full cooperation during investigation.
2. Qua petitioner no.1, Irshad, this writ petition stands dismissed. However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioners, it is directed that in case she appears before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgment passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Order Date :- 5.9.2018 Rahul.