Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2965 of 2021 Petitioner :- Nirdesh Kumar Alias Punni And 5 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Chandra Dutt Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the petitioners; 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 01.09.2020 registered as Case Crime No.421 of 2020, under Sections 498-A, 323, 506 IPC; and Section 3/4 of D.P. Act, P.S. Ghatampur, District Kanpur Nagar.
The allegations in the impugned first information report are in respect of harassment of informant's daughter in connection with dowry. The allegations are against the entire family of the husband.
The learned counsel for the petitioner submits that the allegations are false and the entire family of the husband has been implicated just to exert pressure.
Whether the allegations are true or false is to be determined on the basis of material collected during the course of investigation and the evidence led in trial, if any required, and therefore, on the grounds taken, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 28.5.2021 AKShukla/-