Shahjad And 3 Others vs State Of U.P. And 2 Others
2016 Latest Caselaw 624 ALL

Citation : 2016 Latest Caselaw 624 ALL
Judgement Date : 15 March, 2016

Allahabad High Court

Shahjad And 3 Others vs State Of U.P. And 2 Others on 15 March, 2016

Bench: Bala Krishna Narayana, Naheed Ara Moonis




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 5872 of 2016
 

 
Petitioner :- Shahjad And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Atul Kumar
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Bala Krishna Narayana,J.

Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the petitioners and learned A.G.A. for the State.

This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. in Case Crime no. 0213 of 2015, under sections 498A, 323, 307, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, P.S. Mahila Thana, district- Muzaffar Nagar.

It is submitted by the learned counsel for the petitioner that the impugned F.I.R. has been lodged by the respondent no.3 roping in the entire family of her husband including her mother-in-law and brother-in-laws containing absolutely false, concocted, vague and sweeping allegations against the petitioners.

From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioner, it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. Reported in 2005 Cr.L.J. 755 as well as judgment passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioners shall not be entitled to any benefit of this order.

With the above directions, this petition is disposed of finally.

Order Date :- 15.3.2016