Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 1810 of 2019 Petitioner :- Shivendra Singh And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dileep Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard Sri Dileep Singh Yadav, learned counsel for the petitioners; learned AGA for the respondent nos. 1 and 2; Sri Chandra Narayan Mishra, learned counsel for the respondent no.3 and perused the record.
The instant petition seeks quashing of the First Information Report dated 02.04.2018, which has been registered as Case Crime No. 0168 of 2018, under Sections 147, 148, 495, 452, 323, 352, 504, 506 IPC, Police Station Rasoolabad, District Ramabai Nagar.
The allegation in the FIR is to the effect that the petitioner no.1 (Shivendra Singh) was already married to one Rakhi and during subsistence of his marriage, fraudulently, he married the informant's daughter for the purpose of obtaining dowry and when informant complained, the entire family of the petitioner no.1 assaulted the informant and his family members as also threatened them.
Learned AGA has pointed out that the petitioner no.1 was a government employee and on account of his conduct he has been dismissed from service.
The learned counsel for the petitioners has submitted that the offence punishable under Section 495 IPC is non-cognizable and only a complaint can be registered.
Be that as it may, since other cognizable offences are disclosed by the FIR, on that ground no case for quashing of the FIR or to interfere with the investigation is made out.
The petition is dismissed.
Order Date :- 29.1.2019 Lbm/-