Allahabad High Court
Sachin Talwar And 4 Others vs State Of U.P. And 2 Others on 4 February, 2020
Bench: Pankaj Mithal, Pradeep Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- CRIMINAL MISC. WRIT PETITION No. - 1583 of 2020 Petitioner :- Sachin Talwar And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Tiwari Counsel for Respondent :- G.A.,Jai Shanker Malviya Hon'ble Pankaj Mithal,J.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners, learned counsel appearing on behalf of respondent no. 3 and learned A.G.A. for the State.
The instant petition has been filed by the petitioners for the quashing of the first information report dated 29.10.2019, registered as Case Crime No. 0654 of 2019, under Sections 498A, 345, 323, 504, 506, 377, 419, 420, 467, 468, 471, 120B I.P.C. and Section 3/4 of the Dowry Prohibition Act, 2019, Police Station Sigra, District Varanasi.
The submission is that, this is the second first information report which is in continuation with the earlier one dated 18.10.2019 and as such, this is abuse of the process. Secondly, it is based on incorrect and false facts and all the family members have been unnecessarily involved.
We have gone through the allegations made in the first information report and are satisfied that though the allegations made therein are sufficient to constitute a cognizable offence but the allegations against the family members are of general nature.
In view of above, we are of the opinion that it is not a case where the first information report can be quashed. However,we dispose of the writ petition with direction to the respondents not to take any coercive steps against the petitioners no. 2 and 5 pursuant to the impugned first information report, till the submission of the report under Section 173(2) Cr.P.C., provided that all the petitioners cooperate and participate in the investigation without prejudice to the rights of the petitioner no. 1 to apply for bail/anticipatory bail which shall be dealt with most expeditiously.
Order Date :- 4.2.2020 sailesh