Allahabad High Court
Keshav Kumar Anand And 8 Others vs State Of U.P. And 3 Others on 6 August, 2018
Bench: Rajesh Dayal Khare, Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 20276 of 2018
Petitioner :- Keshav Kumar Anand And 8 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Sunil Kumar Srivastava
Counsel for Respondent :- G.A.,Sharad Kumar Srivastava
Hon'ble Rajesh Dayal Khare,J.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, Sri Sharad Kumar Srivastava learned counsel for the respondent No.4 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. dated 17.5.2018 which has been registered as Case Crime No. 95 of 2018, under Sections-498A, 377, 511, 323, 504, 506 IPC and Section 3/4 D.P. Act, police station Kidwai Nagar, district Kanpur Nagar so far it relates to the petitioners. .
It is contended by learned counsel for the petitioners that on account of matrimonial discord between the spouses, petitioner No. 1-husband and his family members have been falsely implicated in the present case by the respondent No.4 on general allegations, therefore, criminal prosecution of the petitioners is in clear contravention of the settled principle of law laid down by Hon'ble Apex Court reported in (2012) 10 Supreme Court Cases 741 in the matter of Geeta Mehrotra and another versus State of Uttar Pradesh. It is next contended that allegation of attempt of offence under Section 377 IPC has been levelled upon the husband-petitioner No.1. He further submitted that apart from the bald allegations made in the F. I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
So far as the petitioner No. 1 namely Keshav Kumar is concerned following order is being passed:-
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 petitioner appears before the court concerned within thirty days from today and applies for bail, the same shall be heard and disposed of expeditiously, strictly in accordance with law after hearing the Public Prosecutor.
So far as petitioner No. 2 to 9 are concerned, following orders is being passed:-
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 hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners NO. 2 to 9 shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the above directions, this petition is disposed of finally.
Order Date :- 6.8.2018
faraz
