Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30588 of 2018 Petitioner :- Waseem And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Narayan Tiwari Counsel for Respondent :- G.A.,Azhar Hussain
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A. G. A. for the State and Sri Azhar Hussain, learned counsel for respondent no. 3.
This petition has been filed by the petitioners with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 369 of 2018, under sections-323, 354, 377, 380, 504 and 509 IPC at P. S.-Shamshabad, district-Agra.
It has been submitted by learned counsel for the petitioners that the impugned F.
I. R. has been lodged by the respondent no. 3, who is the wife of petitioner no. 1, Waseem roping in the entire family of her husband alleging commission of offences by all the petitioners under Sections-323, 354, 377, 380, 504 and 509 IPC in general. Specific allegations with regard to commission of offences under Sections-377 against petitioner no. 1 and under Sections-354 and 509 against and petitioner no. 2 have been made, who are husband and father-in-law (sasur) of respondent no. 3. He has also submitted that the allegations made in the impugned F. I. R. are palpably false and not supported by any credible evidence, 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, hence the impugned F. I. R. is not liable to be quashed.
After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the following directions:
1. Investigation of the aforesaid case shall go on but the petitioner nos. 2, 3, 4 and 5 shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to their extending full cooperation in the investigation.
2. .Qua petitioner no. 1, this writ petition stands dismissed. However, in case he surrenders before the Court concerned within thirty days from today and applies for bail, the same shall be considered in accordance with law.
Order Date :- 27.10.2018 HR