HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 51
Case :- CRIMINAL MISC. WRIT PETITION No. – 25061 of 2019
Petitioner :- Munna Mishra @ Jata Shankar Mishra And 2 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Abrar Ahmad Siddiqui
Counsel for Respondent :- G.A.
Hon’ble Vipin Sinha,J.
Hon’ble Raj Beer Singh,J.
Heard learned counsel for the petitioner(s) and learned A. G. A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 0239 of 2019, under Section 498A, Section306, Section504, Section506 IPC, P.S.- Utraon, District- Prayagraj.
Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); petitioners have been implicated on the basis of general allegation; that petitioner no. 1 happens to be chachiya sasur, petitioner no. 2 is the devar and petitioner no. 3 is the husband; that the marriage is about 10 to 12 years ago and it is apparent from the FIR itself that there are two children out of the said wedlock one is about 8 years old and second one is about 11 months old; that wife was under going depression because she wants to live with petitioner no. 3 in Delhi; that FIR was lodged under Section 498A, Section302, Section323, Section504, Section506 IPC subsequently, after investigation it was converted into under Section 306 IPC; reliance has also been placed on the document which was annexed on page 42 of the writ petition; matter requires deeper and fairer investigation before any arrest should be given effect to and the petitioner will participate and co-operate with the investigation; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and 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 first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) SectionCr.P.C., however, petitioner(s) shall participate and co-operate with the investigation and the police authorities are directed to complete the investigation as early as possible.
Order Date :- 7.12.2019