Allahabad High Court
Harun Ali And 4 Others vs State Of U.P. And 3 Others on 11 November, 2020
Bench: Manoj Misra, Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 48 Case :- CRIMINAL MISC. WRIT PETITION No. - 12337 of 2020 Petitioner :- Harun Ali And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yogesh Kumar Srivastava,Noor Muhammad 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 the respondents no. 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 21.8.2020 registered as Case Crime No.25 of 2020, registered at P.S. Mahila Thana, District Mainpuri, under Sections 323, 498-A, IPC and Section 3/4 dowry Prohibition Act, 1961, which has been incorrectly transcribed as Case Crime No.0551 of 2020, under Section 4/3 Prevention of Damages to Public Property Act, 1984 and Section 506, 353, 447, 188, IPC, P.S. Kokhraj, District Kaushambi in the petition.
The contention of the learned counsel for the petitioners is that although the allegations made in the first information report may disclose commission of cognizable offence but the marriage of petitioner no.1 with the informant is of the year 2012 and the allegations that have been levelled, are absolutely false and malafide. It has been submitted that the entire family of the husband has been implicated by levelling general allegations, which have no support from any injury report.
Be that as it may, as the allegations made in the first information report disclose commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted.
Considering the facts of the case as also the relationship between the parties, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., provided they co-operate in the investigation.
Order Date :- 11.11.2020 T. Sinha