Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20343 of 2018 Petitioner :- Mohd. Iesa Khan And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Umar Khan,Saif Ullah 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.
This writ petition has been filed by the petitioner with the prayer to quash the F. I. R. dated 29.04.2018 lodged in Case Crime No.188 of 2018, under Sections 498-A, 323, 506 IP.C., and 3/4 D.P. Act, Police Station Sahaswan, District Budaun.
It has been submitted by learned counsel for the petitioners that entire family members of the husband along with husband have been falsely implicated in the present case by the respondent no.3 on general allegation, which is against the settled principle of law as laid down by the Hon'ble Supreme Court in case of Geeta Mehrotra and another Vs. State of U.P. reported in 2012(10) SCC 741. 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.
So far as the petitioner no.1-husband Mohd. Iesa is concerned the following order is being passed:-
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. There is no ground for interference with the F. I. R. Therefore, the prayer for quashing the impugned F. I. R. is refused.
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 no.1-husband Mohd. Iesa appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously, if possible, on the same day by the courts below.
So far as the petitioner nos. 2 to 4 are concerned, the following order is being passed:-
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 petitioner nos. 2 to 4 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 :- 30.7.2018 Sartaj