Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25408 of 2018 Petitioner :- Shivam Kesharwani And 06 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Upendra Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Learned counsel for the petitioners is permitted to correct the description of the petitioner no. 7.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This petition has been filed by the petitioners with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 548 of 2018, under sections-498A, 323 and 506 IPC and Sections-3/4 D. P. Act at P. S.-Saini, district-Kaushambi.
It has been submitted by learned counsel for the petitioners that the impugned F.
I. R. has been lodged by the respondent no. 4, who is the wife of petitioner no. 1 Shivam Kesarwani roping in the entire family of her husband including his father, mother, brothers, married sisters-in-law (nanad), who are petitioner nos. 2, 3, 4, 5, 6 and 7 alleging commission of offences by them under Sections-498A, 323 and 506 IPC and Sections-3/4 D. P. Act in general. He has further submitted that apart from the bald allegations made in the impugned F. I. R. there is no credible evidence, even prima facie, indicating at the petitioners complicity in the commission of the alleged crime, 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. 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.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the following directions:
1. Investigation of the aforesaid case shall go on but the petitioner nos. 2 to 7 shall not be arrested till submission of police report under Section 173 (2) Cr. P.
C. subject to their extending full cooperation in the investigation.
2. Qua petitioner no. 1, this writ petition stands dismissed. However, in case he surrenders before the Court concerned within thirty days from today and applies for bail, the same shall be considered in accordance with law Order Date :- 13.9.2018 HR