Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 23215 of 2018 Petitioner :- Pinku And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Inder Pal Singh Tomar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Learned counsel for the petitioners is permitted to mention the discrepancy of the petitioners. 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 5.2.2018 registered as Case Crime No. 935 of 2018, under Sections 498-A, 376, 307, 377, 323, 504 IPC and section 3/4 D.P. Act, P.S. Kotwali Dehat, District Bulandshahr.
It is submitted by learned counsel for the petitioners that the impugned FIR has been lodged by respondent no. 4 who is wife of petitioner no. 1 roping the entire family of her husband including her brothers-in-law, petitioner nos 2 and 3; sister-in-law, petitioner no. 4; aunt-in- law, petitioner no. 5; mother-in-law, petitioner no. 6; sister-in-law, petitioner no. 7 and brothers-in-law, petitioner nos. 8 and 9. In the FIR general allegations have been made against all the petitioner regarding commission of offence under sections 498-A, 307, 323, 504, IPC and section 3/4 D.P. Act while specific allegation regarding commission of offence under section 377 IPC has been made against the petitioner no. 1- husband of the respondent no. 4 and offence under sections 376 IPC against petitioner nos 2 and 3 who are brothers-in-law (Jeth). The allegations regarding commission of offence under sections 307 and 323 IPC are not corroborated by any credible evidence. He next submitted that apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners complicity in the commission of the alleged crime and for the aforesaid reason the impugned FIR is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that in case petitioner nos. 1,2 and 3 appear before the court concerned and apply for bail, the same shall be heard and disposed of expeditiously by the court below. So far as the petitioner nos. 4 to 9 are concerned, investigation of the aforesaid case shall go on but they shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.8.2018 RPD