Allahabad High Court
Afsari Begum And 3 Others vs State Of U.P. And 3 Others on 28 May, 2018
Bench: Ramesh Sinha, Dinesh Kumar Singh-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 13821 of 2018
Petitioner :- Afsari Begum And 3 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Veerendra Kumar Shukla,Ramendra Pal Singh
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri V.K.Shukla, learned counsel for the petitioners,Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the FIR dated 4.5.2018, registered as case crime No.236 of 2018, under Sections 308, 324, 504 I.P.C., Police Station Kotwali, District Budaun.
Learned counsel for the petitioners at the very outset has pointed out that petitioner no.2 has already been arrested by the police, hence, petition with respect to petitioner no.2 has become infructuous and the same may be dismissed as such.
Accordingly the present petition with respect to petitioner no.2 is dismissed as having become infructuous.
So far as petitioner nos. 1, 3 & 4 are concerned, it has been submitted by the petitioners that they are innocent and have been falsely implicated in the present case due to previous enmity. He further submitted that the impugned FIR has been lodged by the respondent no.4 containing absolutely false, concocted, vague and sweeping allegations against the petitioners. It has next been submitted that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity in the commission of the alleged offence qua the petitioner no.1,who is a lady, hence the impugned FIR is liable to be quashed.
Learned AGA opposed the prayer for quashing of the FIR and submitted that the victim has sustained injuries on his head, but the X-ray report has not been annexed with the writ petition in order to show that whether he received any internal damage or not and FIR discloses cognizable offence.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no.2 who is a lady, shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.
(ii) As far as the petitioner nos.1, 3 & 4 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 28.5.2018/NS
