Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25771 of 2019 Petitioner :- Rajani Kant And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dhirendra Singh Rajput Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; Sri Keshari Nandan Singh for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 05.11.2019 registered as Case Crime No.367 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of D.P. Act, P.S. Kalpi, District Jalaun.
The contention of the learned counsel for the petitioners is that although the allegations made in the impugned first information report may disclose commission of cognizable offence but the fact of the matter is that the allegations are absolutely false and are counterblast to the first information report which has been lodged by the petitioner no.1 against the respondent no.4 and her family members in which persons had also received injury. Attention of the Court has been invited to page 35 of the paper book which discloses registration of FIR, dated 27.10.2019, as Case Crime No.349 of 2019 at P.S. Kotwali Kalpi, District Jalaun, against the respondent no.4 and her family members.
Be that as it may, as correctness of the allegations is to be tested on the basis of the material collected during the course of investigation and the evidence led in trial, on the grounds taken, the prayer to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and 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 co-operate in the investigation.
Order Date :- 18.12.2019 AKShukla/-