Allahabad High Court
Sushant Kumar And 4 Others vs State Of U.P. And 2 Others on 18 December, 2020
Bench: Manoj Misra, Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 15511 of 2020 Petitioner :- Sushant Kumar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Daya Shanker Pandey Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioners; learned A.G.A. for respondents no.1 and 2; and perused the record.
The instant petition seeks quashing of the F.I.R. dated 6.10.2020 registered as Case Crime No.175 of 2020, under Sections 498A, 323, 504, 506, 354, 354C, 377, 376, 511, I.P.C. and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Ghaziabad.
The contention of the learned counsel for the petitioners is that the informant is an ill tempered lady against whom a complaint was also made and, therefore, false allegations have been levelled by the informant, whereby implicating the entire family of her husband.
Whether the allegations are true or false, would have to be determined on the basis of the material collected during the course of investigation and the evidence led in trial, if any required. Hence, the prayer of the petitioners to quash the impugned first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 18.12.2020 T. Sinha