Disposed

Ashish Kumar and 6 Others v. State of U.P. and 2 Others

Allahabad HC17 Apr 2018CRLP/9651/2018

Case brief

AI extract

What is this about?

Writ petition filed to quash F.I.R. involving dowry-oppression allegations. Court declined to quash F.I.R. but stayed arrest of petitioners until police report submission while directing cooperation in investigation.

What did the court decide?

Arrest of petitioners stayed pending submission of police report under Section 173(2) Cr.P.C.; petitioners directed to cooperate with investigation.

Ashish Kumar and 6 Others Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2018)

¶1

Court No. - 51

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 9651 of 2018

¶3

Petitioner :- Ashish Kumar And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Kumar Counsel for Respondent :- G.A.

¶4

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

¶5

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

¶6

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. 23 of 2018, under Sections- 498A, 323, 494, 506 IPC & 3/4 D.P. Act, P.S.Mahila Thana, district- Kanpur Nagar.

¶7

Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; much reliance has been placed upon paragraph nos. 3 and 4 to the affidavit accompanying the writ petition; 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 petitioners 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.

¶8

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, hence the impugned F.I.R. is not liable to be quashed.

¶9

Having heard the submissions advanced by learned counsel for the parties 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.

¶10

However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties and also in view of the law laid down by the Apex Court in the cases of B.S. Joshi v. State of Haryana; 2003(4) SCC 675 and Rajesh Sharma and others v. State of U.P. and others decided on 27.7.2017 passed in Special Leave Petition (Crl.) No.2013 of 2017, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and the police authorities are directed to conclude the investigation as early as possible.

¶11

With the aforesaid observations, the instant writ petition is finally disposed of.

¶12

Order Date :- 17.4.2018 Ujjawal

Ashish Kumar and 6 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ashish Kumar and 6 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Km. Nagma Vs State of U.P. and 6 Ors.

Atish Singh and 3 Ors. Vs State of U.P. and 3 Ors.

Smt. Basanti Vs State of U.P. and 3 Ors.

Vikas Chaudhary Vs State of U.P. and 2 Others

Smt. Rekha and Another Vs State of U.P. and 2 Others

Akhilesh Srivastava and 5 Ors. Vs State of U.P. and 2 Ors.