Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31374 of 2018 Petitioner :- Mishri Lal @ Kallu Dada And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Achyuta Nand Pandey Counsel for Respondent :- G.A.,Ashutosh Kumar Pandey
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap 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 issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 09.10.2018 registered as Case Crime No. 211 of 2018 under Sections 354-D(2), 452, 352, 323, 376, 511 and 506 IPC Police Station Attarsuiya, District Allahabad.
It is submitted by the learned counsel for the petitioners that the respondent No. 3 who is a widow lady has filed impugned F.I.R. against the petitioners containing absolutely false and concocted allegations regarding commission of offences by them u/s 354-D(2), 452, 352, 323, 376, 511 and 506 IPC.
Petitioner Nos.1 and 2 are borther-in-law (Jeth) and petitioner Nos.3 and 4 are sister-in-law (nanad) 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. 3/Smt. Nirmala Devi and 4/ Smt. Bhola Devi 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 nos. 1/ Mishri Lal @ Kallu Dada and 2/ Kamlesh Kumar @ Nanhu, 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 the petitioner appears before the court concerned within two weeks from today and applies for bail, the same shall be considered and disposed of expeditiously by the courts below.
Order Date :- 31.10.2018 Pr/-