Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1460 of 2019 Petitioner :- Rahul Mishra And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hanuman Prasad Mishra Counsel for Respondent :- G.A.,Pramit Kumar Pal
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Hanuman Prasad Mishra, learned counsel for the petitioners and Sri Pramit Kumar Pal, learned counsel for the respondent no.3.
The writ petition has been filed for quashing the F.I.R. dated 31.12.2018 registered as Case Crime No. 1492 of 2018, under Sections 498A, 323, 307, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Farrukhabad Kotwali, District-Farrukhabad.
In the F.I.R., in substance, the allegation has been made that the informant Shilpi Mishra was married to Rahul Mishra on 09.06.2017 according to Hindu Rites and Rituals. The accused were started demand of dowry and on non-fulfilment of their demand of dowry they used to assault the informant every day. On 31.12.2018, Pooja Mishra (Jethani) and Rahul Mishra (husband) started assaulting the informant due to which she received fracture in her hand and they also pressed the neck of the informant. In the meantime Mohit Mishra-Jeth of the informant also came there and tried to kill her. Lallan Shukla and Vijay petitioner nos. 4 and 5 used to instigate the accused for assaulting the victim/informant and, thereafter they used to compromise the matter forcibly.
Learned counsel for the informant submits that the petitioners have deliberately not filed the injury report, in which Meta Carpol Bone near the right fifth finger was fractured.
Looking to the injury report the writ petition is disposed of with liberty to Rahul Mishra and Pooja Mishra to surrender before the Court below and applies for bail and the same shall be decided in accordance with law.
So far as Mohit Mishra, Lallan Shukla and Vijay petitioners no. 3 to 5 are concerned, and they shall not be arrested till submission of police report under Section 173(2) Cr.P.C. in Case Crime No.1492 of 2018, under Sections 498A, 323, 307, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Farrukhabad Kotwali, District-Farrukhabad.
Order Date :- 21.1.2019 Rahul.