Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24206 of 2019 Petitioner :- Mohammad Asif And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Ker Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 17.10.2019 registered as Case Crime No. 112 of 2019 at P.S. Mahila Thana, District- Saharanpur, under Sections 498-A, 323, 354, 504, 506 I.P.C. and section 3/4 D.P. Act and section 3/4 The Muslim Women (Protection of Right on Marriage) Act, 2009.
The contention of the learned counsel for the petitioners is that although the allegations made in the impugned first information report may disclose commission of cognizable offence but the allegations are absolutely false and mala fide on account of matrimonial dispute between the petitioner no.1 and the respondent no.3 (the informant). It has also been submitted that the petitioner no.3 is a distant relative and she has unnecessarily been implicated.
Be that as it may, as correctness of the allegations is to be tested on the basis of material collected during the course of investigation or evidence led in trial, it would not be appropriate for us to quash the first information report, at this stage.
However, keeping in mind that petitioner no.3 is a distant relative of the husband of the informant, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and brought to its logical conclusion but petitioner no. 3 (Smt. Gulista) shall not be arrested till submission of police report under Section 173 (2) CrPC. provided she cooperates in the investigation.
The petition of the petitioner nos.1 and 2 (Mohammad Asif and Mahmood Hasan) stands dismissed without prejudice to their right to apply for bail or anticipatory bail, as may be advised.
Order Date :- 28.11.2019 Sunil Kr Tiwari