Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26028 of 2019 Petitioner :- Khem Chandra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Surya Bhan Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 23.10.2019 registered as Case Crime No.856 of 2019, under Sections 498-A,323,307 IPC and Section 3/4 Dowry Prohibition Act, P.S. Sadar Bazar, District Agra.
It is submitted by the learned counsel for the petitioners that the petitioners are the father-in-law and mother-in-law of the daughter of the respondent no.4, The impugned first information report has been lodged by the respondent no.4 against the petitioners and their son Ravi @ Surendra with absolutely vague and concocted allegations in respect of ill-treatment meted to his daughter on account of non-fulfillment of demand of dowry only in order to cause sheer harassment. Hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56)ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604 that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the FIR or there is any statutory restriction operating on the power of the police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the FIR or staying the arrest of the petitioners.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the courts below expeditiously, in accordance with law.
Order Date :- 19.12.2019 M. Tariq