Allahabad High Court
Mohd. Asif Khan And 4 Others vs State Of U.P. And 3 Others on 7 January, 2021
Bench: Ramesh Sinha, Subhash Chand
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15599 of 2020 Petitioner :- Mohd. Asif Khan And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bindu Kumari Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Subhash Chand,J.
Heard Mrs. Bindu Kumari, learned counsel for the petitioners, Sri A.K. Sand, learned AGA for the State and perused the First Information Report and the material on record.
The present writ petition has been filed by the petitioners, namely, Mohd. Asif Khan, Wazida Begum, Mohd. Ashif Khan, Firoz Khan and Shahina Siddiqui seeking quashing of the First Information Report of Case Crime No. 0117 of 2020 under Sections 498-A, 323, 504, 506, 406 IPC and section 3/4 D.P. Act P.S. Robertsganj, District Sonbhadra with a further prayer to stay the arrest during the pendency of the investigation of the said case.
It has been submitted by learned counsel for the petitioners that the marriage between the petitioner no.1 and respondent no.4 was solemnized on 25.12.2017. Thereafter some dispute arose between them on account of which, the impugned F.I.R. has been lodged by the respondent no. 4 roping in the entire family of her husband, petitioner no.1, containing absolutely false, concocted, vague and sweeping allegations against them that they were demanding dowry from her and her parents and on account of non fulfilment of the alleged demands of dowry she was being tortured and maltreated by them in her matrimonial home. It has next been submitted that apart from the bald allegations made in the F.I.R. no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence. Hence the impugned F.I.R. is liable to be quashed.
Learned AGA opposed the prayer for quashing of the First Information Report and argued that from the perusal of the First Information Report, a cognizable offence is made out against the petitioners, and therefore, the present writ petition be dismissed.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P. and others : (2006) 56 ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P. and others : 2000 Cr.L.J. 569 after considering the various decisions including State of Haryana Vs. Bhajan Lal and others : AIR 1992 SC 604 that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the police to investigate a case.
Further the Apex Court in the case of State of Telangana v. Habib Abdullah Jellani : (2017) 2 SCC 779 has disapproved an order restraining the Investigating Agencies arresting the accused where prayer of quashing the First Information Report has been refused.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners.
Accordingly, this writ petition fails and is dismissed.
The party shall file computed generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Subhash Chand, J.) (Ramesh Sinha, J.) Order Date :- 7.1.2021 Tamang