Court No. - 40 Case :- CRIMINAL MISC. WRIT PETITION No. - 33896 of 2018 Petitioner :- Jamal Ullah And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar 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 with a prayer to quash the impugned F.I.R. dated 22.10.2018 registered as Case Crime No. 1075 of 2018 under Sections 498-A, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, P.S.- Majhola, District- Moradabad.
It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 4 roping in the entire family of her husband Jamal Ullah including his father-in-law, mother-in-law, sister-in-law, falsely alleging commission of offences by them u/s 498-A, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act I.P.C. He is next submitted that apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
Per contra learned A.G.A. 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 conditions:-
1. The investigation of the aforesaid case shall go on but the petitioner nos. 2 to 7 shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to their extending full cooperation during investigation.
2. Qua petitioner no. 1, Jamal Ullah, 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 he appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law.
Order Date :- 27.11.2018/SKD