Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25881 of 2019 Petitioner :- Waliullah Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Bhushan,Arvind Agrawal Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; Sri Anirudh Upadhyay for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 04.12.2019 registered as Case Crime No.241 of 2019, under Sections 419, 420, 467, 468, 471, 403, 120-B IPC, P.S. Domariyaganj, District Siddharth Nagar.
The allegations in the impugned first information report are that the petitioner (Waliullah) had set up a forged Nikahnama to institute a suit for Restitution of Conjugal Rights.
The contention of the learned counsel for the petitioner is that lodging of a first information report in respect of claim which is subjudice in a civil court amounts to abuse of process of law as the appropriate course for the informant is to contest the said proceedings.
Be that as it may, as it is not the case of the petitioner that the Nikahnama was forged during the course of court proceedings, a specific sanction of the court would not be required for registration of the first information report. Hence, the prayer of the petitioner to quash the first information report cannot be accepted.
However, considering the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioner shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided he co-operates in the investigation and submits himself for interrogation as well as for providing specimen signature/thumb impression as and when required by the investigating officer.
Order Date :- 19.12.2019 AKShukla/-