Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25934 of 2019 Petitioner :- Vikash Sharma And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Tripathi Counsel for Respondent :- G.A.,Pradeep Kumar Tiwari
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 30.11.2019 registered as Case Crime No.999 of 2019, under Sections 498-A, 323, 506, 313, 354 and 511 I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Sikandra, District Agra.
The contention of learned counsel for the petitioners is that the impugned first information report though disclose commission of cognizable offences but the allegations are absolutely false and the entire family of husband of the informant has been implicated by levelling general allegations, which have no support from any injury report.
Be that as it may, as the allegations disclosed commission of cognizable offences, the matter would have to be investigated therefore the prayer of the petitioners to quash the first information report cannot be accepted.
However, considering the facts and circumstances of the case, we deem it appropriate to dispose of the petition by providing that in so far as petitioners 2, 3, 4, 5, 6 and 7 namely, Vasdev; Smt. Guddi Sharma; Smt. Preeti Upadhyay; Neelesh Upadhyay; Smt. Gunjan Upadhyay and Kalpesh Upadhyay are concerned, the investigation of the above case shall continue and brought to its logical conclusion but they shall not be arrested till submission of police report under Section 173 (2) CrPC, provided they co- operate in the investigation. In so far the petitioner no. 1 namely, Vikash Sharma is concerned, his petition stands dismissed without prejudice to his right to apply for bail/anticipatory bail, as may be advised.
Order Date :- 20.12.2019. Rks.