Disposed

Nand Kishor and Another v. State of U.P. and 2 Others

Allahabad HC1 Apr 2019CRLP/8037/2019

Case brief

AI extract

What is this about?

Writ petition sought quashing of an FIR registered for offenses including rape and grievous hurt alleging false baseless allegations due to matrimonial dispute. Court held FIR not liable to be quashed as cognizable offense made out, but directed no arrest till police report submission with investigation concluded within three months.

What did the court decide?

Petition not quashing FIR but directed that petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C. and investigation concluded within three months.

Nand Kishor and Another Vs State of U.P. and 2… — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 51 Case :- CRIMINAL MISC. WRIT PETITION No. - 8037 of 2019 Petitioner :- Nand Kishor And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Tripathi Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Ajit Singh,J.

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Heard Sri Manoj Kumar Tripathi, learned counsel for the petitioners and Ms. Sanyukta Singh, 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. dated 14.02.2019 which has been registered as Case Crime No.0028 of 2019, under Sections 354, 376, 511, 323, IPC, Police Station Mundali, District Meerut.

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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; that there is matrimonial dispute between the husband and wife and on the basis of false, baseless and obnoxious allegations made in the FIR the entire family members have been implicated in the present case; that the victim herself is the first informant; that the petitioner no.1 and 2 are the husband and dever of the respondent no.3; that much reliance has been placed on the averments made in paragraph nos. 6, 7 and 8 of the affidavit filed in support of the writ petition; that the matter needs a deeper and fairer investigation before any arrest could be given effect to; that 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.

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

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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.

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However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, 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 police authorities shall conclude the investigation within three months from the date of production of certified copy of the order.

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

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Order Date :- 1.4.2019/VKG

Nand Kishor and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Nand Kishor and Another 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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