Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 25477 of 2018 Petitioner :- Suman Yadav And 02 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Ravi Shankar Yadav Counsel for Respondent :- G.A.,Ravi Chandra Srivastava
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners, learned AGA for the State and Sri Ravi Chandra Srivastava, for respondent no.4.
This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. dated 1.5.2018 registered as Case Crime No.0156 of 2018, under Section 498A, 304B, 120B IPC, and Section 3/4 Dowry Prohibition Act, P.S.- Rampur, District- Jaunpur.
It is submitted by learned counsel for the petitioners that petitioner no.1, who is sister-in-law (jethani) of the deceased, is living separately from the deceased and her husband, whereas petitioner nos.2 and 3 are the father- in-law and mother-in-law of the deceased, who as per the allegations in First Information Report itself, were staying in Bombay at the time of the incident. According to the First Information Report, the deceased was administered poison on account of non-fulfilment of alleged demand of dowry. The only allegation made against the petitioner nos.2 and 3 in the impugned F.I.R. is that they had exhorted their son to commit the murder of his wife and hence, the impugned F.I.R. is liable to be quashed.
Per contra, Sri Ravi Chandra Srivastava submitted that from the perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners and the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of Section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P.; 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in the abovementioned case, till the credible evidence is not collected by the Investigating Officer during investigation.
With the above directions, this petition is disposed of finally.
Order Date :- 13.9.2018 Shalini