Disposed

Musheer @ Musheer Khan and 7 Others v. State of U.P. and 2 Others

Allahabad HC1 Oct 2018CRLP/27343/2018

Case brief

AI extract

What is this about?

The High Court refused to quash an FIR alleging offences under Sections 498-A, 377 IPC and the Dowry Prohibition Act. However, it granted conditional interim relief, allowing investigation while barring the arrest of petitioner Nos. 2 to 8 and directing expedited bail hearing for the husband if he applies within thirty days.

What did the court decide?

Liberty to petitioners No. 2 to 8 not to be arrested during investigation until police report; direction for expedited bail hearing for Petitioner No. 1 within 30 days.

Musheer @ Musheer Khan and 7 Others Vs State of U.P. and… — Dowry and Cruelty | Allahabad HC (2018)

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Court No. - 4

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Case :- CRIMINAL MISC. WRIT PETITION No. - 27343 of 2018

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Petitioner :- Musheer @ Musheer Khan And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashvni Mishra Counsel for Respondent :- G.A.

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Hon'ble Bala Krishna Narayana,J. Hon'ble Naheed Ara Moonis,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 15.09.2018 registered as Case Crime No. 1211 of 2018, under Sections 498-A, 323, 354, 377 I.P.C. & 3/4 of Dowry Prohibition Act, P.S.- Kwarsi, District- Aligarh.

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It is submitted by the learned counsel for the petitioners that the impugned F.I.R. has been lodged by the respondent no. 3 roping in the entire family of her husband petitioner no. 1, Musheer @ Musheer Khan including her father-in-law petitioner no. 2, Alla Noor Khan, mother-in-law petitioner no. 3, Smt. Santo Begam, sister-in-law petitioner no. 4, Sabnam (nanad), sister-in-law petitioner no. 5, Noorzaha (nanad), sister-in-law petitioner no. 6, Khusnuma Begam (nanad), sister-in-law petitioner no. 7, Bhuri (nanad) and brother-in-law petitioner no. 8, Rahis containing absolutely false and concocted allegations regarding commission of offences by them u/s 498-A, 323, 354 I.P.C. & 3/4 of Dowry Prohibition Act. Specific allegation regarding commission of offence u/s 377 I.P.C. has been made against petitioner no. 1, Musheer @ Musheer Khan (husband). He next submitted that apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.

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Per contra learned A.G.A. submitted that upon perusal of the impugned F.I.R. and on the basis of the allegations made therein, it cannot be said that no cognizable offence against the petitioners is made out and hence the impugned F.I.R. is not liable to be quashed.

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

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However, in view of the peculiar facts and circumstances of the case and submissions made by the learned counsel for the petitioners, we dispose of this writ petition with the following conditions:-

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1. The investigation of the aforesaid case shall go on but the petitioner nos. 2, 3, 4, 5, 6, 7 and 8 shall not be arrested till the submission of police report under Section 173(2) Cr.P.C., subject to their extending full cooperation during investigation.

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2. Qua petitioner no. 1, Musheer @ Musheer Khan, this writ petition stands dismissed. However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioners, it is directed that in case he appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr.L.J. 755 as well as judgment passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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Order Date :- 1.10.2018 KS

Musheer @ Musheer Khan and 7 Others v. State of U.P. and 2 Others

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Musheer @ Musheer Khan and 7 Others v. State of U.P. and 2 Others

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