Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3019 of 2021 Petitioner :- Shadab Qamar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh,Mohd Atif Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed with the prayer for quashing the impugned first information report dated 20.03.2021 in Case Crime No.0086 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Kotwali, district Ballia. Further prayer is that the respondent no.2 be directed not to arrest and harass the petitioners in the aforesaid case.
It is sought to be contended by learned counsel for the petitioners is that the petitioners have been falsely implicated in this case. The petitioner no.1 if brother-in-law (Jeth) of the deceased and the petitioner no.2 is the sister-in-law (Jethani) of the deceased. The involvement of the petitioners in the present case is wholly illegal and arbitrary and they are being unnecessarily prosecuted with ulterior motive. The petitioners are separately residing at New Delhi for the last about twelve years. In support of their submission, the address proof and identity card of the petitioner have been filed as annexure no.4 to the writ petition.
Looking to the facts and circumstances of this case, prima-facie we find that the petitioners are living separately and they have been implicated in this case for the reasons best known to the complainant. Accordingly, investigation of the aforesaid case may go on but the petitioners shall not be arrested until fair investigation or otherwise is found against the petitioners and if the police authorities on investigation come to the conclusion that the petitioners have played any role in the death of the deceased, they may be dealt with likewise.
With this observations, the writ petition stands disposed of at this stage with liberty to revive.
Order Date :- 13.5.2021 R./