Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22734 of 2018
Petitioner :- Samarth Kochhar And 6 Others Respondent :- State Of U.P. And 3 Ohters Counsel for Petitioner :- Samit Gopal Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A.G.A for the State.
Learned counsel for the petitioners contends that on account of matrimonial discord between the spouse, the husband-petitioner no.1 along with the entire family members have been falsely implicated in the present case by the respondent no.4 on highly exaggerated version and on general allegations, which is against the settled principles of law as laid down in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh reported in 2012 (10) SCC 741. Learned counsel has drawn attention of this Court to paragraph 19 of the writ petition and has argued that earlier also the respondent no.4 lodged a complaint against the in-laws on 29.07.2018, copy of which is annexed as Annexure-4 to the writ petition, in which there was no allegations of Section 377 I.P.C., but it appears that on the legal advice, the impugned F.I.R., has been lodged along with Section 377 I.P.C., only to give gravity to the offences. It is lastly contended that even bare reading of the F.I.R., would go to show that the prosecution story is highly improbable as such the prosecution of the petitioners cannot be sustained.
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
So far as the petitioner no.1-husband namely, Samarth Kochhar, is concerned the following order is being passed:-
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the petitioners, it is directed that in case, the petitioner no.1-husband appears before the court concerned within thirty days from today and applies f or bail, the same shall be heard and disposed of expeditiously, if possible, on the same day by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L.J.755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
So far as the petitioner nos. 2 to 7 are concerned the following order is being passed:-
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioner nos. 2 to 7 shall not be arrested pursuant to the F.I.R., dated 04.08.2018 lodged in Case Crime No.238 of 2018 under Sections 498A, 323, 504, 109,354-A, 377 I.P.C., and Section 3/4 of Dowry Prohibition Act 1961, Police Station Mahila Thana, District Ghaziabad, till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed off.
Order Date :- 21.8.2018 S.Ali