Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 20210 of 2018 Petitioner :- Nanhe Alias Nanhe Khan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikas Rana Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 13.12.2017 registered as Case Crime No. 0584 of 2017, under Sections 498A, 304B IPC and Section ¾ Dowry Prohibition Act, P.S. Fatehganj West, District Bareilly.
It has been submitted by learned counsel for the petitioners that the petitioners are Jeth and mother-in-law of the deceased-Simran who in her dying declaration; copy whereof has been brought on record, has not nominated the petitioners as accused and the entire allegations have been made by her against her husband Mustafa and her sister-in-law (nanad)-Banno and hence qua the petitioner the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that both the petitioners are named in the FIR and the impugned FIR is not liable to be quashed on the basis of the facts stated by deceased in her dying declaration authenticity whereof is to be tested during the trial on the basis of the evidence.
After having heard learned counsel for the parties and perused the impugned FIR as well as the other material brought on record, we are not inclined to quash the impugned FIR.
However, considering the submission made by learned counsel for the petitioners that in the present case litigation is still pending and some of the courts have decided the issue in favour of the petitioners, made in the impugned FIR, the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J., 1981, it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during pendency of the investigation.
With the above direction this petition is finally disposed of.
Order Date :- 27.7.2018 Manish Tripathi