Disposed

Imran and 10 Others v. State of U.P. and 2 Others

Allahabad HC23 May 2019CRLP/14048/2019

Case brief

AI extract

What is this about?

Criminal Writ Petition seeking quashment of FIR involving matrimonial disputes and rape allegation. Court held investigation must continue and held petitioners non-arrestable till police report submission under Section 173(2) Cr.P.C. provided they cooperate.

What did the court decide?

Investigation to continue; petitioners not to be arrested till police report under Section 173(2) Cr.P.C. is submitted provided they cooperate.

Imran and 10 Others Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14048 of 2019

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Petitioner :- Imran And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Srivastava,Arjit Srivastava,Usha Srivastava 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 respondent nos. 1 and 2 and perused the record.

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The instant petition has been filed to quash the F.I.R. dated 3.4.2019 registered as case crime No. 12 of 2019 under Sections 498-A, 376, 354, 342 I.P.C. and 3/4 of the Dowry Prohibition Act, Police Station- Mahila Thana, DistrictMoradabad.

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The contention of the learned counsel for the petitioners is that on account of matrimonial differences between husband and wife, there is a deliberate design to implicate each and every family member of the husband by levelling one or the other allegation and, in furtherance thereof, allegation of rape has been levelled against 'Devar' without disclosing date and time of incident.

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Be that as it may, as the allegations disclose commission of cognizable offence and F.I.R. need not be an encyclopaedia of all the facts and details, the matter would have to be investigated and therefore 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 as also that 11 members of the family of the husband including husband have been implicated by levelling general allegations, and allegations of rape are not specific inasmuch as date, time and place of such incident has not been disclosed, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they cooperate in the investigation. Order Date :- 23.5.2019 A. Pt. Singh

Imran and 10 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Imran and 10 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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