Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 26658 of 2018 Petitioner :- Yadram And 04 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Rizwan Ahmad Counsel for Respondent :- G.A.
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.
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. 497 of 2018, under sections-498A, 323 and 504 IPC and Sections-3/4 D. P. Act at P. S.-Nakhasa, district-Bhim Nagar.
It has been submitted by learned counsel for the petitioners that the impugned F. I. R. has been lodged by respondent no. 4, mother of the victim-Nirmala roping in the entire family of her son-in-law (damad) petitioner no. 1, Yadram alleging commission of offences by all the petitioners under Sections-498A, 323 and 504 IPC and Sections-3/4 D. P. Act in general. 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 :- 25.9.2018 / HR