Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 16852 of 2019 Petitioner :- Ranveer Singh Chauhan And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Om Vikram Singh Chauhan,Rakesh Kumar Singh,Ram Om Vikram Singh Chauhan Counsel for Respondent :- G.A.,Jai Raj Singh Tomar
Hon'ble Naheed Ara Moonis,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners, Shri Jai Raj Singh Tomar who has put in appearance on behalf of the respondent no.4 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 4.5.2019 registered as Case Crime No.60 of 2019, under Sections 323,504,506,328,354-GA,376,494,498-A,120-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Sadar Bazar, District Jhansi.
It is submitted by the learned counsel for the petitioners that the respondent no.4 has lodged the impugned first information report against her husband Aditya Singh Chauhan and his family members (petitioners) with absolutely vague and concocted allegations in respect of ill-treatment meted to her on account of non-fulfillment of demand of dowry of Rs.50,0000/-. It is further submitted that the entire family members of Aditya Singh Chauhan, who is the husband of the respondent no.4 have been roped in the present case only in order to cause sheer harassment. Hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law.
It is further provided that the petitioner nos.2 & 5, namely, Renu and Smt. Pushpa Singh shall be released on interim bail till the final disposal of the regular bail application.
Order Date :- 25.6.2019 M. Tariq