Deepak Gupta and 2 Others Vs State of U.P. and 2 Others

Court No. - 33

Case :- CRIMINAL MISC. WRIT PETITION No. - 8879 of 2019

Petitioner :- Deepak Gupta And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Singh Yadav 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 State-respondent nos. 1, 2 & 3 and perused the record.

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The instant petition seeks quashing of the FIR dated 22.10.2018 registered as Case Crime No. 858 of 2018, under Sections 498A, 323 I.P.C. & 3/4 of D.P. Act, Police Station Kotwali, District Fatehpur.

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The allegations in the First Information Report disclose commission of cognizable offence. In addition to the allegation of harassment of the victim for dowry it has also been alleged that on 15.10.2018, the victim was assaulted by the accused (petitioners herein) in connection with demand for dowry.

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Considering the nature of allegations on 15.04.2019 we had required the learned A.G.A. to obtain instructions from the police station concerned and produce injury report, if any.

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Learned A.G.A. has obtained instructions and has produced injury report disclosing that on 20.10.2018, the victim was examined for her injuries. The medical examination revealed four injuries on her body and they were found about 5 to 6 days old, which correlates with the date of the incident.

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In view of the above, prayer of the petitioners to quash the F.I.R., which discloses cognizable offence, cannot be accepted.

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The petition is dismissed . The petitioners are at liberty to apply for bail.

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Order Date :- 24.4.2019

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Vibha Singh

Deepak Gupta and 2 Others v. State of U.P. and 2 Others

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Deepak Gupta and 2 Others v. State of U.P. and 2 Others

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