Disposed

Ashok Kumar and 3 Others v. State of U.P. and 3 Others

Allahabad HC4 Apr 2019CRLP/8292/2019

Case brief

AI extract

What is this about?

Writ petition filed to quash an FIR allegedly containing false allegations under IPC 498A and Section 3 of the Dowry Prohibition Act. The High Court declined to quash the FIR but granted direction against arrest of petitioners till police report submission under Section 173(2) Cr.P.C., mandatory for family dispute cases.

What did the court decide?

Direction issued that petitioners shall not be arrested until submission of police report under Section 173(2) Cr.P.C.

Ashok Kumar and 3 Others Vs State of U.P. and 3… — Service and Employment | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8292 of 2019 Petitioner :- Ashok Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Naresh Counsel for Respondent :- G.A.

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

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Heard learned counsel for the petitioner(s) and 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. which has been registered as Case Crime No. 0078 of 2018, under Sections498A, 323, 504, 506,406 IPC & 3/4 D.P. Act, P.S.- Mahila Thana District Allahabad.

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Learned counsel for the petitioner(s) submitted that the impugned first information report has been lodged by the complainant-respondent containing absolutely false and concocted allegations against the petitioner(s) with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; 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 petitioner(s) 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 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 petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner(s) shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible.

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

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Order Date :- 4.4.2019 SP

Ashok Kumar and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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Ashok Kumar and 3 Others v. State of U.P. and 3 Others

Case brief

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