Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 26301 of 2017 Petitioner :- Sunil Verma (Husband) And 9 Prs.
Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Atul Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 31.10.2017 lodged in Case Crime No. 366 of 2017, under Sections 494, 504, 506 I.P.C., Police Station Brijmanganj, District Maharajganj.
It has been submitted by learned counsel for the petitioners that the investigation is barred by Section 198 Cr.P.C. and after seven days of the alleged incident, the F.I.R., has been lodged, therefore the present proceedings is bad in law. He further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
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 hence, there is no scope for interfering with the impugned F.I.R.
Therefore, the prayer for quashing the impugned F. I. R. is refused. However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 28.11.2017 S.Ali