Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24225 of 2019 Petitioner :- Ramrup Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sachin Mishra,Bala Nath Mishra,Ram Vishal Mishra Counsel for Respondent :- G.A.,Vikas Tripathi
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; Sri Vikas Tripathi for respondent no.4 and perused the record.
The instant petition seeks quashing of the first information report dated 25th October, 2019 registered as Case Crime No.380 of 2019, under Sections 323, 504, 506, 313 and 498-A IPC and Section 3, 4 of Dowry Prohibition Act at Police Station Kydganj, District Prayagraj.
The contention of learned counsel for the petitioner is that although the allegations may disclose commission of cognizable offence but the fact of the matter is that the petitioner is a bank employee whose entire salary was being credited to his wife's account, namely, informant's account and the informant has been utilizing the same but still to establish her authority by utilizing her family member's position, who is an officer in the CBI, to exert pressure upon the petitioner to secure favourable settlement in her favour, the impugned first information report has been lodged. It has also been submitted that the allegations are absolutely false and mala fide and the entire family of husband has been implicated.
Be that as it may, on the grounds taken, the impugned first information report cannot be quashed pending investigation because the matter would have to be investigated to ascertain whether the allegations are true or false.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose of the petition by providing that the investigation of the above case shall proceed and brought to its logical conclusion but till submission of police report under Section 173 (2) CrPC, the petitioner shall not be arrested provided he co-operates in the investigation.
Order Date :- 28.11.2019. Rks.