Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10964 of 2019 Petitioner :- Manoj Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
As prayed, learned counsel for the petitioners is permitted to delete the name of the petitioner no.4 as it has been mentioned twice in the array of the parties.
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 9.9.2018 registered as Case Crime No.203 of 2018, under Sections 498-
A,376,511,323,504,506,307 IPC and Section 3/4 Dowry Prohibition Act, P.S. Salempur, District Bulandshahr.
It is submitted by the learned counsel for the petitioners that the petitioner no.1 is the husband of the respondent no.4, who has lodged the impugned first information report with absolutely vague and concocted allegations in respect of ill-treatment meted to her on account of non-fulfillment of demand of dowry. It is further submitted that the entire family members of the petitioner no.1 have been roped in the present case only in order to cause sheer harassment. Hence the FIR deserves 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.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.
The 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 court below expeditiously in accordance with law.
Order Date :- 25.4.2019 M. Tariq