Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25893 of 2019 Petitioner :- Rajesh And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Upendra Kumar Pushkar 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 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 11.07.2019 registered as Case Crime No.0007 of 2019, under Sections 498-A, 323, 504 and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Mahila Thana, District Etah.
The contention of learned counsel for the petitioners is that although the allegations made in the impugned first information report may disclose commission of cognizable offences but the allegations are general in nature and the entire family of husband of the informant has been implicated.
Be that as it may, on the grounds taken, 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 of the petition by providing that in so far as petitioners 2, 3, 4, 5 and 6, namely, Smt. Shanti Devi; Raju; Pawan; Babaloo and Tej Prakash @ Ramu are concerned, the investigation of the above case shall continue and brought to its logical conclusion but they shall not be arrested till submission of police report under Section 173 (2) CrPC, provided they co- operate in the investigation. In so far the petitioner no. 1, namely, Rajesh is concerned, his petition stands dismissed without prejudice to his right to apply for bail/anticipatory bail, as may be advised.
Order Date :- 19.12.2019. Rks.