Allahabad High Court
Sunil Kumar Patel And 4 Others vs State Of U.P. And 3 Others on 28 February, 2020
Bench: Manoj Misra, Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3526 of 2020 Petitioner :- Sunil Kumar Patel And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bare Lal,Pavan Kumar Srivastava Counsel for Respondent :- G.A.,Shailendra Garg Hon'ble Manoj Misra,J.
Hon'ble Deepak Verma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; Sri Shailendra Garg for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 06.02.2020 registered as Case Crime No.22 of 2020, under Section 498-A IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Prayagraj.
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 entire family of the husband of the informant has been implicated by levelling general allegations.
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.
At this stage, learned counsel for the petitioners has submitted that apart from husband, other members may be provided protection during the course of investigation.
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 in so far as petitioner no.2 (Smt. Vijma); petitioner no.3 (Yogesh Patel); petitioner no.4 (Archana Patel); and petitioner no.5 (Vikas Patel) are concerned, the investigation of the case shall continue and brought to its logical conclusion but they 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. The petition of petitioner no.1 (Sunil Kumar Patel-husband of the informant) stands dismissed without prejudice to his right to apply for bail/anticipatory bail, as may be advised.
Order Date :- 28.2.2020 AKShukla/-