Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26433 of 2018
Petitioner :- Shane Mohammad And 4 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Shweta Pandey,Punita Pandey
Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 11.09.2018 registered as Case Crime No. 588 of 2018, under Sections 498A, 323, 504, 506 I.P.C. & 3/4 D.P. Act, P.S.-
Amroha Nagar, District- J.P. Nagar (Amroha).
It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged by Smt. Uzma, respondent no. 3 roping in the entire family of her husband including her father-in-law, mother-in-law, maternal sister-in-law, maternal brother-in-law, petitioner nos. 2 to 5 alleging commission of offences by them under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act. He next submitted that apart from the bald allegations made in the impugned F.I.R. no credible evidence whatsoever is coming forth even prima facie indicating at the petitioners complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties present and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners no. 2 to 5 shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to their extending full co-operation during investigation. So far as petitioner no. 1 is concerned, it is directed that in case the petitioner no. 1 appears before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously, if possible, on the same day by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L.
J. 755 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.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 24.9.2018 M/A.