Disposed

Har Prasad Alias Babu Lal and 8 Others v. State of U.P. and 2 Others

Allahabad HC15 May 2018CRLP/12429/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition seeking quashing of an FIR under Sections 498A, 323, 506 IPC, the Single Bench held that the FIR could not be quashed outright. Instead, it directed that the petitioners not be arrested until the submission of the police report under Section 173(2) Cr.P.C., requiring them to cooperate with the investigation.

What did the court decide?

Direction that petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C., provided they participate and co-operate with investigation.

Har Prasad Alias Babu Lal and 8 Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12429 of 2018

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Petitioner :- Har Prasad Alias Babu Lal And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Heard learned counsel for the petitioner(s) and learned A. G. A. for the State.

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This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 77 of 2018, under Sections- 498A, 323, 506 IPC and section 3/4 D. P. Act, P.S.- Harduaganj, DistrictAligarh.

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Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by complainant containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing petitioner(s); controversy involved in issue is matrimonial in nature; marriage is of the year 2013; entire family members have been implicated on the basis of general allegation; apart from the bald allegations made in the impugned F. I. R., no evidence is forthcoming even prima facie indicating at the complicity of the petitioner(s) in the commission of alleged offence and hence the impugned F. I. R. which is a bundle of lies and motivated by malice, is liable to be quashed.

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Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.

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After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.

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However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present and also keeping in view the law as laid down by the Apex Court in the case of B. S. Joshi v. State of Haryana; 2003 (4) SCC 675 , and Rajesh Sharma and Others v. State of U.P. And others (SLP (Crl.) No. 2013 of 2017 decided on 27.7.2017) , we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation.

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Order Date :- 15.5.2018 Kuldeep

Har Prasad Alias Babu Lal and 8 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Har Prasad Alias Babu Lal and 8 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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