Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 1472 of 2019 Petitioner :- Shahnawaj And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Paritosh Sukla Counsel for Respondent :- G.A.,Ram Neta Singh
Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Paritosh Sukla, learned counsel for the petitioners Sri Ram Neta Singh, learned counsel for the respondent no.3 and Sri Rajesh Mishra, 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.791 of 2018, under Sections 498-A, 323, 506, 354-B, 376, IPC and 3/4 D.P.Act, Police Station Sikandrarau, District Hathras.
Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; that there is matrimonial dispute between the husband and wife and on the basis of false, baseless and obnoxious allegations made in the FIR the entire family members have been implicated in the present case; that 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. as well as counsel for the complainant 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. Counsel for the complainant informed the Court that victim-wife has received injury, copy of supplementary report is filed today is taken on record.
Looking to the nature of the injuries and looking to the nature of the controversy in issue, no purpose will be served in keeping the matter pending before this Court any further. Accordingly the writ petition is disposed of with the following directions:-
(i) As far as the petitioner no.1 namely Shahnawaj is concerned, this application is finally disposed of with a direction that if the petitioner no.1 appears and surrenders before the court below within 60 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 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. For a period of 60 days from today or till the petitioner no.1 surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the petitioner no.1. However, in case, the petitioner no.1 does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
(ii) As far as the petitioner nos.2 to 8 are concerned, 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 police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 21.1.2019 VKG