Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 14368 of 2018 Petitioner :- Usha Devi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Kumar Mishra,Nalin Kumar Pandey Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.
Heard learned counsel for the petitioner(s) and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 38 of 2018, under Sections- 498A, 304B IPC and section 3/4 D. P. Act, P.S.- Khanpur, District- Ghazipur.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); petitioner no. 1 is mohter-in-law and the petitioner no. 2 is the dewar; though it is correct that the marriage is of 24.5.2016 and the incident is of 20.4.2018, however, the petitioners have no role to play in the controversy involved in issue; petitioners are living separately as mentioned in paragraph no. 17 of the writ petition; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and 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.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation and the police authorities are hereby directed to complete the investigation within three months from the date of production of certified copy of this order.
Order Date :- 30.5.2018/Kuldeep