Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11474 of 2019 Petitioner :- Sachin Baliyan And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Rai Counsel for Respondent :- G.A.,Rajiv Sisodia
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard Sri Manoj Kumar Rai, learned counsel for the petitioners, Sri Rajiv Sisodia, learned counsel for the respondent no.3 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 F.I.R. dated 17.02.2019, registered as Case Crime No. 0017 of 2019 under Sections 498A, 376, 323, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Muzaffar Nagar.
It is submitted by the learned counsel for the petitioners that the petitioners are being unnecessarily harassed on the basis of false allegations made against them while prima facie no cognizable offence is made out pursuant to the F.I.R. lodged by the respondent no.3 Nisha. Hence the F.I.R. deserves to be quashed.
Per contra learned A.G.A. as well as learned counsel for the respondent no.3 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 F.I.R., prima facie it cannot be said that no cognizable offence is made out against the petitioners. The learned counsel for the petitioners has not put forth any cogent or convincing reason prompting this Court to quash the F.I.R. 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 F.I.R. 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. Order Date :- 30.4.2019 Rahul.