Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15186 of 2019 Petitioner :- Pushpendra Chauhan @ Pintu And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhirendra Kumar Agrahari Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1, 2 and 3; and perused the record.
The instant petition has been filed to quash the F.I.R. dated 5.5.2019 registered as case crime No. 201 of 2019 under Sections 498-A, 323, 504, 506, 376, 377, 511, 307 I.P.C. and 3/4 of the Dowry Prohibition Act Police Station- Pilkhua, District- Hapur.
The contention of the learned counsel for the petitioners is that on account of matrimonial differences between husband and wife false allegations have been levelled just to implicate entire family of the husband. The allegations are nothing but false and malafide. An allegation of attempt to sexual assault has been made against Jeth by the victim but this allegation has no support from any injury report.
Be that as it may, as correctness of the allegations are not ordinarily to be tested in the writ jurisdiction, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.
Order Date :- 30.5.2019 A. Pt. Singh