Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 23032 of 2018 Petitioner :- Vipul Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Pandey Counsel for Respondent :- G.A.,Ravikant Shukla
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned A.G.A and Sri Ravikant Shukla, learned counsel for the respondent no.3.
This writ petition has been filed by the petitioners with prayer to quash the F.I.R. dated 15.07.2018 lodged in Case Crime No.561 of 2018, under Sections 498A, 323, 504, 506, 377, 354 I.P.C. and 3/4 D.P. Act, Police Station Barra, District Kanpur Nagar.
It has been submitted by learned counsel for the petitioners that on account of matrimonial discord between the spouses, the entire family members have been falsely implicated in the present case by the respondent no.3 on general allegations and even bare reading of the F.I.R., would go to show that the prosecution story is highly improbable as such the prosecution of the petitioners cannot be sustained.
So far as the petitioner no.1-husband is concerned the following order is being passed:-
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. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioner no.1-husband appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously, if possible, on the same day by the courts below in view of the settled law laid 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 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
So far as the petitioner nos. 2 and 3 are concerned the following order is being passed:-
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 petitioner nos. 2 and 3 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 :- 23.8.2018 Arvind