Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33966 of 2018 Petitioner :- Prabhat Chandra Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sharad Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners, learned AGA fore respondent nos. 1 and 2 and Sri Pradeep Chauhan, learned counsel for the respondent no.3.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 2.9.2018 registered as Case Crime No. 736 of 2018, under Sections 498A, 323, 354, 377, 506 IPC and 3/4 Dowry Prohibition Act, P.S.- Barra, District-Kanpur Nagar.
It has been submitted by the learned counsel for the petitioners that petitioners are brother-in-law and sister-in-law of the respondent no.3 against whom no allegation has been made in the impugned FIR. They have been falsely implicated in the present case by the respondent no.3 on the basis of false and concocted allegations only to harass the petitioners. He further submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is coming forth even prima facie indicating at the complicity of the petitioners in the commission of the alleged crime and the impugned FIR, which is a bundle of lies and product of malice, 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 allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners 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 :- 27.11.2018 AK Pandey