Petition for quashing of FIR alleging dowry harassment and dowry-related murder attempted by pushing the victim from the roof. Court rejected quashing on merits.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 4997 of 2020
Petitioner :- Akhilesh Tripathi And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vikrant Pandey,Ram Mani Upadhyay Counsel for Respondent :- G.A.,Sanjay Maurya
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard the learned counsel for the petitioners, the learned A.G.A. for the respondents 1, 2 and 3, Sri Sanjay Maurya, learned counsel for the respondent no.4 and perused the record.
The instant petition seeks quashing of the first information report dated 11.02.2020 registered as Case Crime No. 0028 of 2020, under Sections 307, 498A I.P.C. and Section 3/4 Dowry Prohibition Act, at Police Station Tiwaripur, District Gorakhpur.
The allegation in the impugned first information report is not only in respect of harassment of the sister of the informant in connection with demand of dowry but also in respect of pushing her from the roof so as to kill her, resulting in injuries.
The contention of the learned counsel for the petitioners is that the victim had accidentally slipped from the roof and false allegations have been levelled.
Whether the allegations are true or false would be determined on the basis of material collected during the course of investigation and the evidence led in trial and, therefore, the prayer of the petitioners to quash the first informant report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail, as may be advised.
Order Date :- 26.8.2020 Rahul.
Akhilesh Tripathi And 3 Others
State Of U.P. And 3 Others
Manoj Misra
Anil Kumar
As recorded by the court registry
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