Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24130 of 2019 Petitioner :- Shanoor Mansori And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satish Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 24.12.2018 registered as Case Crime No. 694 of 2018 at P.S. Kurawali, District- Mainpuri, under Sections 498-A, 323, 504, 506 I.P.C. and section 3/4 D.P. Act.
The contention of the learned counsel for the petitioners is that although the allegations may disclose commission of cognizable offences but the entire family of the husband has been implicated including unmarried sisters of the husband of the informant by levelling general allegations. It has also been contended that the matrimonial home of the informant is at Delhi but the first information report has been deliberately and malafidely lodged in district Mainpuri.
Be that as it may, on the above grounds, the prayer of the petitioners to quash the first information report cannot be accepted, as the allegations disclose commission of cognizable offences and therefore the matter would have to be investigated to test those allegations.
However, looking to the facts and circumstances of the case, 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, subject to the petitioners' co-operation in the investigation, petitioner nos. 4 to 6, namely, Taskina, Muskina and Jarina (sister-in-law of the victim) shall not be arrested till submission of police report under Section 173 (2) CrPC.
The petition of the remaining petitioners stands dismissed without prejudice to their right to apply for bail or anticipatory bail, as may be advised.
Order Date :- 26.11.2019 Sunil Kr Tiwari