Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37301 of 2018 Petitioner :- Jai Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Connect with Criminal Misc. Writ Petition No. 30688 of 2018.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 6.10.2018 registered as Case Crime No. 680 of 2018, under Sections 498A, 323, 504, 506, 377, 494, 420 I.P.C. and Section 3/4 D.P. Act, P.S-
Civil Lines, District-Aligarh.
Learned counsel for the petitioner submitted that the impugned F.I.R. has been lodged by respondent no. 3 after the marriage between the petitioner no. 1 and respondent no. 3 was dissolved by a decree of divorce based on mutual consent under Section 13B (1) of Hindu Marriage Act, 1955 with the ulterior intention of harassing the petitioner. Moreover apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie supporting the allegations made in the impugned F.I.R. and the impugned F.I.R. which is a bundle of lies and product of malice is liable to be quashed.
The submission made by learned counsel for the petitioner, prima facie appear to have some substance. The matter requires consideration after receiving response from the opposite party.
Learned A.G.A. has accepted notice on behalf of respondent nos. 1 and 2. He prays for and is allowed six weeks' time to file counter affidavit.
Issue notice to respondent no. 3 who may also file his counter affidavit within the same period.
Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this matter after eight weeks before appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the petitioner pursuant to the impugned F.I.R. dated 6.10.2018 registered as Case Crime No. 680 of 2018, under Sections 498A, 323, 504, 506, 377, 494, 420 I.P.C. and Section 3/4 D.P. Act, P.S- Civil Lines, District- Aligarh.
The case is released from assignment.
Order Date :- 19.12.2018 Jaideep/-