Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 10968 of 2019 Petitioner :- Saurabh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Pravesh Yadav Counsel for Respondent :- G.A.,Vinay Kumar Mishra
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Learned counsel for the respondent no.4 has placed the paper of statement recorded u/S 164 Cr.P.C. of the prosecutrix which is taken on record.
Heard learned counsel for the petitioner, learned counsel Shri Vinay Kumar Mishra appearing on behalf of the respondent no.4 and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 24.2.2019 registered as Case Crime No.157 of 2019, under Sections 498-A,376,377,354- Ga,323,506 IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali, District Mainpuri.
It is submitted by the learned counsel for the petitioner that the respondent no.4 has lodged the impugned first information report with absolutely vague and concocted allegations. It is further submitted that the petitioners have been roped in the present case only in order to cause sheer harassment. Hence the impugned F.I.R. is liable to be quashed.
Per contra learned counsel for the respondent no.4 and the learned A.G..A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioner. The petitioner is involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner. The prayer for quashing the FIR is refused.
The petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
Order Date :- 25.4.2019 M. Tariq