Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 13649 of 2019 Petitioner :- Natthu Lal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioners, learned AGA for the respondent Nos. 1, 2 & 3 and perused the record.
The instant petition seeks quashing of the FIR dated 8.4.2019 registered as Case Crime No. 0116 of 2019 At Police Station- Meerganj, District- Bareilly under Sections 364, 302, 201, 376, 498A, 323 & 506 IPC and 3/4 Dowry Prohibition Act.
Pursuant to the order dated 21.5.2019 the learned AGA has obtained instructions and submitted that the victim has been recovered and her statement has been recorded under Section 164 Cr.P.C. and subsequent to her recovery the offences punishable under Sections 364, 302 and 201 IPC have been deleted.
He has further placed the statement of the victim recorded under Section 164 Cr.P.C. wherein she has levelled allegation against Natthu Lal (petitioner No.1) and Badri Prasad (petitioner No.3). She has also levelled allegations against the petitioner No.2 (Narendra Pal) with regard to her harassment.
As allegations have been levelled by the victim in her statement under Section 164 Cr.P.C. the prayer of the petitioners to quash the First Information Report cannot be accepted.
The petition is disposed of with liberty to the petitioners to apply for bail.
Order Date :- 31.5.2019 Ashutosh Pandey