Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10973 of 2019 Petitioner :- Mohammad Nasrat Ali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rewti Raman Patel Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos. 1, 2 & 3; and perused the record.
The instant petition seeks quashing of the FIR dated 13.04.2019 registered as Case Crime No. 288 of 2019, under Sections 354 Gh, 323, 504, 506 I.P.C., Police Station Kotwali, District Bulandshahar.
The contention of the learned counsel for the petitioner is that the petitioner no. 1 has two wives. One is the petitioner no. 2 and the other is the informant (respondent no. 3). It has been submitted that on account of dispute, the respondent no. 3 had left her matrimonial home and has lodged the impugned F.I.R. by levelling false allegations. It has been submitted that no specific date of the incident has been provided in the impugned F.I.R.
Be that as it may, as the allegations made in the First Information Report disclose commission of cognizable offence, the matter would have to be investigated and, therefore, the prayer of the petitioner to quash the First Information Report cannot be accepted.
However, considering the facts and circumstances of the case as also the relationship between the victim and the petitioners, we deem it appropriate to dispose off this petition by providing that investigation shall continue and be brought to its logical conclusion, but, subject to petitioner's co-operation in the investigation, the petitioners' shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.
Order Date :- 25.4.2019 Vibha Singh