Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 33794 of 2018 Petitioner :- Saddam And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Narayan Mishra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 08.08.2018 registered as Case Crime No. 350 of 2018, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Thakurdwara, District Moradabad.
Learned counsel for the petitioners submitted that the impugned F.I.R. has been lodged by the respondent no. 3 roping in the entire family of her son- in-law (damaad) including his brother, sister-in-law (bhabhi), mother, nephew, married sisters and brothers-in-law (bahnoi) falsely alleging commission of offences by them under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act. Moreover apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity and hence the impugned FIR qua petitioner nos. 2 to 9 is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner nos. 2 to 9 shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation.
As far as petitioner no. 1 is concerned, who is the husband of daughter of the the respondent no. 3, the petition stands dismissed. However, it is directed that in case he appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 27.11.2018 SA