Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20378 of 2018 Petitioner :- Prathyusha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jagmohan Singh Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with prayer to quash the F.I.R. dated 29.05.2018 lodged in Case Crime No.0116 of 2018, under Sections 498-A, 323, 504, 506, 376, 354, 511 IPC, and 3/4 D.P. Act, Police Station Barra, District Kanpur Nagar.
It has been submitted by learned counsel for the petitioner that petitioner is not a family member of one Sushant who is the husband of respondent no. 3, but only on account of matrimonial discord, petitioner has been falsely implicated in the present case by respondent No. 3 on the ground of suspicion. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of the impugned F.I.R. it cannot be said that no cognizable offence is made out, hence the impugned F.I.R., is not liable to be quashed.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioner and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 30.7.2018 Sartaj