Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 5289 of 2019 Petitioner :- Savitri And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhitosh Mishra,Pushpendra Singh Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and Sri Yogeshwari Rai, learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.0146 of 2019, under Sections 147, 504, 506, 376 I.P.C., P.S. Sikandrabad, District Bulandshahr.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing petitioners; contention is that all the the petitioners are married women with no previous criminal history, petitioner no.1 happens to be the mother of the main accused Sunil with whom the victim who happens to be a widow lady was in a consensual relationship for the last three years; petitioner no.2 is the wife of second son of the petitioner no.1 and petitioner no.3 is the married daughter of petitioner no.1; the further contention is that they have been falsely implicated and they have nothing to do with Sunil; the case of Sunil is absolutely distinguishable with the present petitioners; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioners shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 26.2.2019 R./