Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37863 of 2018 Petitioner :- Robin And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prashant Sharma,Pankaj Sharma Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard counsel for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR 8.12.2018 registered as Case Crime No. 0038 of 2018, under Section 498 A, 323, 341, 377, 511, 504, 506 IPC, P.S. Mahila Thana, Distt.
J.P. Nagar.
From the perusal of the material on record and looking into the facts of the case at this stage, it cannot be said that no offence is made out against the petitioners. Dispute of facts is to be examined by the trial court on the basis of evidence, not by this Court at this stage. As such the prayer for quashing the FIR in the aforesaid case is refused.
However, if Robin, petitioner-1 (husband) appears and applies for bail, then his bail application shall be decided on the same day on which he is taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and another Vs. Union of India, reported in [2018 SCC Online SC 1501].
So far as other petitioners are concerned, counsel for the petitioners states that in matrimonial dispute between husband and wife entire family members have been falsely implicated and petitioners are entitled to give benefit of law laid down by Supreme Court in Geeta Mehrotra vs. State of U.P. (2012) 10 SCC 741.
In view of above, the petitioners- 2 to 8 shall not be arrested in FIR 8.12.2018 registered as Case Crime No. 0038 of 2018, under Section 498 A, 323, 341, 377, 511, 504, 506 IPC, P.S.
Mahila Thana, Distt. J.P. Nagar, till submission of police report under Section 173 (2) Cr P C.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 21.12.2018 mt