A single judge bench of the Justice Sanjay Kumar Mishra of Uttarakhand HC has dismissed the writ petition in light of the several pending cases against the petitioner and in existence of prima facie case made out against the petitioner.
Facts:
The petitioners by filing this writ application, have prayed for issuance of a writ of certiorari quashing the FIR No. 410 of 2022, registered by the SHO at PS Ranipur, District Haridwar, for alleged commission of offences under Sections 498-A, 323, 504 and 506 of the Penal Code and Section ¾ of the Dowry Prohibition Act, 1961.
The main plank of arguments by learned counsel for the petitioners is that prior to lodging of the FIR against the petitioners, an FIR has been lodged against the complainant and her relative on 22.08.2022 for alleged commission of offence under Sections 147, 323, 452, 504, & 506 of the Penal Code and submitted that there is CCTV Footage as well as the Photographs of about 13 persons entering into the house of the petitioners and assaulting them. Therefore, the present FIR has been lodged by the complainant with intent to abuse the process of law, and as a counterblast of the FIR lodged against her relative.
Observations of the Court:
The court observed that it is a settled principle of law that only because an FIR is lodged prior to the FIR sought to be quashed, it cannot be a ground for quashing of the FIR, if the fact alleged in the FIR is sought to be quashed reveals a cognizable case of the offences alleged therein. It is apparent from the complainant’s FIR that the petitioner no. 1 was given 25 lacs Rupees by the parents of respondent no.3 in the marriage held in the month of April, 2021. Later on, there was a demand for an additional dowry of Rs. 3 lacs and there was alleged torture on her.
In the application under section 482 or Article 226 the court is not competent to hold mini trial at this stage. If at all, the petitioners have any case, then they may produced all the relevant documents before the Investigating Officer, who shall take into consideration and proceed in accordance with the materials available. Considering the above aspect, this court is of the opinion that the right of the Investigating Officer to continue the investigation of the case should not be interfered with by the Writ Court, as this Court finds that a prima facie case is made out.
Decision:
The present writ petition is dismissed being devoid of merit as the prima facie made out against the petitioner and in such situation Investigating authorities should be interfered with by the writ court.
Case: Manu Devi Verma and two others vs State of Uttarakhand
Citation: WPSS No. 141 of 2020
Coram: Justice Sanjay Kumar Mishra
Dated: 03.11.2022
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