Allahabad High Court
Mumtaz Husain And 8 Others vs State Of U.P. And 3 Others on 5 November, 2019
Author: Naheed Ara Moonis
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 23313 of 2019 Petitioner :- Mumtaz Husain And 8 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- G.A. Hon'ble Naheed Ara Moonis,J.
Hon'ble Anil Kumar-IX,J.
Heard Shri N.I. Jafri, learned Senior Advocate assisted by Shri Zafar Abbas on behalf of the petitioners and learned Additional Government Advocate on behalf of respondent Nos. 1 and 2.
The petitioner has invoked the inherent jurisdiction of this Court under Article 226 of the Constitution of India for quashing of the FIR at Case Crime No. 472 of 2019, under Section 364 IPC, police station Hasanpur, district Moradabad.
It is submitted by the learned counsel for the petitioners that an FIR was initially registered by petitioner No. 2 against husband of respondent No. 3 and father of respondent No. 4 and other persons in respect of murder of his aunt, Anar Jahan. The said incident was witnessed by daughter of Mahmood, Km. Nisha, who has been arrayed as respondent No. 4 in the instant petition. In her statement recorded under Section 161 Cr.P.C., Km. Nisha has categorically naratted about the manner of incident in which Anar Jahan was done to death. As the investigation was proceeding in snail's pace, hence petitioner No. 2 has approached this Court by filing Criminal Misc. Writ Petition No. 12573 of 2019 seeking directions to the respondents to ensure fair and impartial investigation in Case crime No. 767 of 2018, under Section 302 IPC , police station Hasanpur, district Amroha. This Court vide order dated 10.5.2019 directed the authorities concerned to make an endeavour to investigate the case in a fair and impartial manner. In the back drop of this matter, respondent No. 3 became annoyed and got the first information report registered against the petitioners with absolutely false and vague allegations that Km. Nisha, daughter of Mahmood has been enticed away by the petitioners and kept in illegal captivity.
It is further submitted by the learned counsel for the petitioners that the entire allegations contained in the impugned first information report is absolutely false and vague in view of the statement of Km. Nisha, respondent No. 4 recorded under Section 161 Cr.P.C. by the investigating officer where she has reiterated her statement which was earlier recorded showing the complicity of the accused persons, who were involved in the commission of murder of Anar Jahan.
Learned counsel also submitted that the victim is residing with the petitioners and she is also present in the Court. On being interrogated by the Court, Km. Nisha has stated that she is residing with her maternal uncles and she is not in illegal detention in any manner whatsoever and is residing with them happily.
Per contra, learned Additional Government Advocate has submitted that investigation of the case is still going on and as the allegations against the petitioners are of serious nature, hence they do not deserve any indulgence by this Court.
From the bald perusal of the FIR, prima facie cognizable offence is made out against the petitioners at this stage, hence here is no ground to interfere with the FIR. Therefore, the prayer for quashing the impugned FIR is refused.
Having considered the facts and circumstances of the case, without expressing any opinion on the merit of the case, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., which shall be subject to the statement of the victim to be recorded under Section 164 Cr.P.C. during the course of investigation.
With the above directions, this petition is finally disposed of.
Order Date :- 5.11.2019 Ishrat