Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24230 of 2019 Petitioner :- Sehenshah And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned A.G.A. for respondents No. 1 to 3 and perused the record.
The instant petition seeks quashing of the first information report dated 2.11.2019, registered as Case Crime No. 747 of 2019, at P.S. Kotwali, District Fatehpur, under Sections 498A, 323, 504, 506, 328 I.P.C. and 3/4 Dowry Prohibition Act.
The allegations made in the first information report disclose commission of cognizable offences and, therefore, prayer of the petitioners to quash the first information report cannot be accepted.
At this stage, learned counsel for the petitioners submits that the petitioner No. 3 is unmarried Nanad and petitioner No.4 is unmarried Devar of the victim and they have been unnecessarily implicated without any specific allegation.
Be that as it may, since the allegations disclose commission of cognizable offence, the matter would have to be investigated to find out complicity of the person involved in the crime and, hence, the prayer to quash the first information report cannot be accepted.
However considering the nature of relationship between the parties, keeping in mind that petitioners No. 3 and 4 are Nanad and Devar of the victim, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and brought to its logical conclusion but the petitioners No. 3 and 4 namely Sehnoor and Adam shall not be arrested till submission of the police report under Section 173 (2) Cr.P.C. provided they co-operate in the investigation.
So far as the petitioners No. 1, 2 and 5 are concerned, their petition is dismissed without prejudice to their right to apply for bail/anticipatory bail, as may be advised.
The petition stands disposed off.
Order Date :- 28.11.2019/Vandana