Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 29507 of 2018 Petitioner :- Khurseed Ansari And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kapoor Chandra Vishwakarma Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,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 issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 19.04.2018 registered as Case Crime No. 71 of 2018, under sections 323, 504, 506, 313, 498-A IPC and 3/4 Dowry Prohibition Act, PS Saiyad Raja, District Varanasi.
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 member of her husband petitioner no. 1, Khursheed Ansari, containing absolutely false and concocted allegations regarding commission of offences by them u/s 323, 504, 506, 313, 498-A IPC and 3/4 Dowry Prohibition Act. He 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 4 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, Khursheed Ansari, 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 they appear 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 :- 12.10.2018 Sazia