HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 51
Case :- CRIMINAL MISC. WRIT PETITION No. – 24522 of 2019
Petitioner :- Vandana Gupta And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Pawan Kumar Singh Kaushik,Beerendra Singh Pal
Counsel for Respondent :- G.A.
Hon’ble Vipin Sinha,J.
Hon’ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner(s) and Sri Rajesh Mishra, 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. 327 of 2019, under Sections 498A, Section304B IPC and Section 3/Section4 Dowry Prohibition Act, P.S.- Kotwali, District- Ballia.
On earlier occasion when case was taken up petitioners were directed to file a copy of post mortem report, the same is filed today and taken on record.
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 is the Jethani and petitioner no. 2 is the Jeth; that post mortem report shows that cause of death of the deceased is hanging and there are no other injury on the body of the deceased; that petitioners have no role to play in the controversy in issue. It has further informed to the Court that husband of the deceased has already arrested and at present he is in jail; that 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 :- 29.11.2019