Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25963 of 2019 Petitioner :- Nasim Shahid Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohammad Asif Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 28.11.2019 registered as Case Crime No. 0416 of 2019 at P.S. Kotwali, District- Prayagraj, under Sections 498-A, 323, 504 I.P.C. and section 3/4 D.P. Act.
The contention of the learned counsel for the petitioner is that although the allegations made in the impugned first information report disclose commission of cognizable offence but the allegations are absolutely false; that the petitioner has been married to the informant since the year 1999; and that the allegations have been made on assumption that the petitioner is in relationship with other women.
Be that as it may, as the allegations disclose commission of cognizable offences, the matter would have to be investigated and therefore the prayer of the petitioner to quash the first information report cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioner shall not be arrested till submission of police report under Section 173 (2) CrPC. provided he cooperates in the investigation.
Order Date :- 20.12.2019 Sunil Kr Tiwari