Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22887 of 2018 Petitioner :- Mohd Afzal Siddiqui And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Farman Ahmad Naqvi,Syed Ahmed Faizan Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,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 prayer to quash the F.I.R. Dated 28.04.2018 lodged in Case Crime No.0230 of 2018, under Sections 323, 354, 504, 506, 498A, 313 I.P.C. and 3/4 D.P. Act, Police Station Robertganj, District Sonbhadra.
It has been submitted by learned counsel for the petitioners that the petitioner no. 1 is husband and petitioner no. 2 is brother-in-law of respondent no.3 and the alleged offence is said to have taken place in America. He further submitted that on account of matrimonial discord between the spouses, the present proceeding has been initiated by the respondent no.3 on general allegations and petitioner no. 1 is ready to keep her wife. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F.I.R. it cannot be said that no cognizable offence is made out, hence the impugned F.I.R., is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 23.8.2018 Arvind