Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 2967 of 2021 Petitioner :- Pushpendra Kumar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar, Harish Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and Sri Rajesh Mishra, learned A.G.A.
This writ petition challenges the lodgement of the first information report dated 21.01.2021 bearing Case Crime No.42 of 2021, under Sections 498-A, 323 I.P.C. and under Section 3/4 of Dowry Prohibition Act, 1961, Police Station Bannadevi, district Aligarh, by the respondent no.3 (wife of petitioner no.1).
It is submitted by learned counsel for the petitioners that the first information report is lodged as a counterblast of complaint made by the father of the petitioner no.1 to the Senior Superintendent of Police, Aligarh on 13.08.2019. As far as factual data of this case as of today, we do not think that any case is made out in favour of the petitioners as there are civil disputes pending between the parties, which involve disputed questions of fact. In view of the law laid down by the Apex Court in catena of decisions we do not think that any case is made out for interference in this petition at the time when the first information report is being investigated by the police.
The writ petition stands dismissed.
Order Date :- 7.5.2021 R./