Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26523 of 2018 Petitioner :- Sher Ali And 07 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Mohammad Waseem 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 to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 29.08.2018 registered as Case Crime No.1161 of 2018, under Sections 323, 504, 506, 354, 376, 511 and 498-A I.P.C. and Section 3/4 D.P. Act, Police Station Baradari, District Bareilly.
It is submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no.4 Smt. Aasma wife of Sher Ali petitioner no.1 roping in the entire family of her husband Sher Ali including her father-in-law, mother-in-law, devar, maternal uncles, nanad, nandoi, i.e. petitioner nos.2 to 8 alleging commission of offences by all the petitioners under Sections 323, 504, 506, 354 and 498-A I.P.C. and Section 3/4 D.P. Act. The allegation regarding commission of offence under Section 376 I.P.C. has been made by her against petitioner no.4, her brother-in-law (devar) Noor Ali alone which is not warranted by any material on record. It is next contended that role of petitioner nos.2, 3 and 5 to 8 is clearly distinguishable from that of the petitioner nos.1 and 4. It is next contended that allegations made in the impugned F.I.R. are palpably false. Moreover, apart from the bald allegations made in the impugned FIR no credible evidence whatsoever is coming forth even prima facie indicating their complicity in the commission of the alleged crime and the impugned FIR qua the petitioners no.2, 3 and 5 to 8 is liable to be quashed.
Per contra, learned A.G.A. submitted that from the perusal of the impugned FIR 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 FIR, 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 petitioner nos.2, 3 and 5 to 8 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 Sher Ali (husband) and petitioner no.4 Noor Ali (devar) are concerned, the petition stands dismissed. However, it is directed that in case petitioner nos.1 and 4 appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down 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 which has been affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 24.9.2018 Anand Sri./-