Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24181 of 2019 Petitioner :- Mohammad Farooq Ali Azam Abbasi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Salman Ahmad Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 10.08.2019 registered as Case Crime No.237 of 2019, under Sections 498-A, 504, 506, 294, 509 IPC and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, P.S. Amroha Dehat, District Amroha.
The contention of the learned counsel for the petitioner is that the petitioner is the husband of the informant and is already having litigation with the informant. The impugned first information report has been lodged just to exert further pressure upon the petitioner to come to a settlement with the informant. It has been submitted that the allegations are nothing but false.
Be that as it may, as correctness of the allegations is not to be tested in writ jurisdiction, inasmuch as, the allegations are to be tested on the basis of the material collected during the course of investigation and the evidence led in trial, the prayer of the petitioner to quash the first information report, on the aforesaid ground, cannot be accepted.
However, keeping in mind the relationship between the parties as also that parties had been litigating in the past, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but, subject to his cooperation in the investigation, the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 28.11.2019 AKShukla/-