Radhey Lal and Another Vs State of U.P. and 2 Others

Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 12944 of 2019

Petitioner :- Radhey Lal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raju Kanaujia Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the first information report dated 20.04.2019 registered as Case Crime No.372 of 2019, under Sections 376, 420, 504, 506 IPC, P.S. Ghatampur, District Kanpur Nagar.

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The allegation in the impugned first information report is that the victim was induced into having physical relationship with co-accused Sriprakash and, later, marriage was denied on account of non-fulfilment of dowry demand.

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The contention of the learned counsel for the petitioners is that the petitioners are relatives of the main accused Sriprakash and they have been falsely implicated even though there is no allegation of sexual assault against them.

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Be that as it may, as the allegations made in the impugned first information report disclose commission of cognizable offence, the prayer of the petitioners to quash the first information report cannot be accepted.

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However, considering the facts and circumstances of the case, keeping in mind the role attributed to the petitioners which is distinguishable from that of co-accused Sriprakash, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but, subject to petitioners' cooperation in the investigation, they shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.

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Order Date :- 14.5.2019 AKShukla/-

Radhey Lal and Another v. State of U.P. and 2 Others

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Radhey Lal and Another v. State of U.P. and 2 Others

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