Allahabad High Court
Ravi Prakash Verma And 3 Others vs State Of U.P. And 2 Others on 14 October, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 10764 of 2020 Petitioner :- Ravi Prakash Verma And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rupendra Kumar Mishra,Kamlesh Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Kamlesh Singh, learned counsel for the petitioners, Ms. Anjali Upadhyay, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 30.1.2019 registered as case crime no. 0064 of 2019, under Sections 323, 504, 506, 452, 354, 395 IPC, P.S. Kydganj, District Prayagraj.
It has been submitted by the learned counsel for the petitioners that the respondent no.3 is the step mother of the petitioner nos.1 and 2 and step mother-in-law of petitioner nos.3 and 4. It has been further submitted that there was some dispute regarding the property of the father of the petitioner nos.1 and 2,namely, Shiv Babu Verma who is living with respondent no.3. It has been further submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the present case by respondent no. 3 levelling false and frivolous allegations just to harass them. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner nos. 3 and 4 as they are the wives of petitioner nos.1 and 2, hence the impugned FIR is liable to be quashed.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner nos. 3 and 4, namely, Smt. Reeta Soni and Smt. Soni Verma, shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner nos.1 and 2, namely Ravi Prakash Verma and Banwari Lal Verma, are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
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.
(Samit Gopal, J.) (Ramesh Sinha, J.) Order Date :- 14.10.2020 Deepika