Disposed

Pooja and Another v. State of U.P. and 3 Others

Allahabad HC17 Jan 2019CRLP/948/2019

Case brief

AI extract

What is this about?

This writ petition challenged an F.I.R. under various criminal statutes including 498A and 376 IPC, alleging false and concocted allegations. The High Court declined to quash the F.I.R. but directed the police not to arrest the petitioners until the police report under Section 173(2) Cr.P.C. is submitted.

What did the court decide?

Petitioners directed not to be arrested till submission of police report u/s 173(2) Cr.P.C.; to cooperate with investigation.

Pooja and Another Vs State of U.P. and 3 Others — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 948 of 2019

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Petitioner :- Pooja And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Kumar Gupta 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. 446 of 2018, under Sections 498A, 323, 504, 506, 307, 376, 511 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Chhatari, district-Bulandshahar.

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Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the complainantrespondent containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing the petitioners; entire family members have been implicated in the present case on the basis of general allegations; both the petitioners are the married sisters-in-law (Nanad) of complainant-respondent living separately from opposite party No. 4 and her husband; reliance has also been placed on the averments made in para 10,11,12 and 13 of the writ petition; 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

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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 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 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 :- 17.1.2019 Faridul

Pooja and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Pooja and Another v. State of U.P. and 3 Others

Case brief

What is this about?

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