Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 15405 of 2019 Petitioner :- Saleem And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioners, learned A.G.A. for the respondent nos. 1 and 2 and perused the record.
The instant petition has been filed to quash the F.I.R. dated 5.5.2019 registered as case crime No. 376 of 2019 under Sections 498-A, 354, 376, 511, 504, 506, 307 I.P.C. and 3/4 of the Dowry Prohibition Act Police Station- Kotwali City, District- Bijnor.
The contention of the learned counsel for the petitioners is that on account of matrimonial differences between petitioner no. 4 and the respondent no. 3, respondent no. 3 has levelled allegations against the entire family. It has been submitted that victim has levelled allegation of illicit relationship of the petitioner no. 4 with his own 'Bhabhi'. It has been submitted that though allegation of an attempt has also been made but there is no injury report in support of the alleged allegation and otherwise also the first information has been lodged with a delay of two months. Moreover, allegation of the sexual assault is against the non petitioner- Shamim.
Be that as it may, as correctness of the allegations are not ordinarily to be tested in the writ jurisdiction, the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case as also that the impugned F.I.R. has been lodged with delay, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation.
Order Date :- 30.5.2019 A. Pt. Singh