Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 10427 of 2018
Petitioner :- Karan Singh And 2 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Shashank Singh,Mahendra Bahadur Singh
Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajiv Gupta,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 the prayer to issue a writ in the nature of cerciorari quashing the F.I.R. dated 19.03.2018 registered as Case Crime No. 0057 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Jafarganj, District Fatehpur.
It has been submitted by learned counsel for the petitioners that the matter is a matrimonial dispute between the husband and wife; petitioner no. 1-husband and his family members have been falsely implicated in the present case by the respondent no.3 on the ground of general allegations.
Learned counsel for the petitioners has further submitted that the impugned FIR has been lodged by the complainant-respondent no.3 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; apart from the bald allegations made in the impugned F.I.R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
So far as petitioner no. 1 is concerned, the following order is being passed;
After hearing learned counsel for petitioner no. 1 and learned AGA, it is directed that in case, petitioner no. 1 appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 45 days from today or till petitioner no. 1 surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against petitioner no. 1. However, in case, petitioner no. 1 does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
So far as petitioner nos. 2 and 3 are concerned, the following order is being passed;
Considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No. 2013 of 2017, we dispose of this writ petition with the direction that petitioner nos. 2 and 3 shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner nos. 2 and 3 shall participate and co-operate with the investigation.
With the aforesaid observations, the instant writ petition is finally
disposed of.
Order Date :- 24.4.2018 Nadim