Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 11922 of 2018 Petitioner :- Shujauddin And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saiful Islam Siddiqui,Tahira Kazmi Counsel for Respondent :- G.A.,Mohd. Samiuzzaman Khan,Pankaj Kumar
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and Sri Pankaj Kumar, learned counsel for the respondent no. 4.
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 28.04.2018 registered as Case Crime No. 177 of 2018, under Sections 323, 504, 506, 354A, 498A I.P.C. & 3 /4 D. P. Act, P.S. Kareli, District-
Allahabad.
Record shows that this matter was referred to Mediation and Conciliation Centre of this Court by order dated 09.05.2018. The report of the Mediation and Conciliation Centre of this Court dated 08.08.2018 indicates that Mediation between the parties has failed.
In view of the above, we proceed to examine this matter on merit.
It is submitted by learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 4 Smt. Farida Jamal roping in the entire family of her husband Dr. Shujauddin petitioner no. 1 including his mother Asghari Begum petitioner no.2, father Najamuddin petitioner no.3, sister Khurshida petitioner no. 4, elder brother Emaduddin petitioner no. 5 and nephew Affanuddin petitioner no. 6 falsely alleging commission of offences by all the petitioners under Sections 323, 504, 506, 354A, 498A I.P.C. & 3/ 4 D. P. Act. It is next submitted that apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity and hence the impugned FIR qua petitioner nos. 2 to 6 is liable to be quashed.
Per contra learned A.G.A. and Sri Pankaj Kumar, learned counsel appearing for the respondent no. 4 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 to 6 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.
As far as petitioner no. 1, Dr. Shujauddin is concerned, who is the husband of Smt. Farida Jamal the petition stands dismissed. However, it is directed that in case he appears before the court concerned within thirty days from today and applies 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 :- 12.9.2018 AKT