Alimun Nisha And 2 Others vs State Of U.P. And 3 Others
2019 Latest Caselaw 6033 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10193 of 2019
 

 
Petitioner :- Alimun Nisha And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Madan Lal Verma,Priyanka Srivastava
 
Counsel for Respondent :- G.A.,Shiv Bhushan Singh,Vipin Kumar Yadav
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Raj Beer Singh,J.

Heard Sri M.L. Verma, learned counsel for the petitioner, Sri Jai Narain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record. No one is present on behalf of the respondent no. 4 even in the revised reading of the list.

This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 7.1.2019 registered as case crime no. 08 of 2019 under sections 498-A, 323, 506, 406 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Prayagraj.

Learned counsel for the petitioners submits that the husband of respondent no. 4 is out of India, hence mediation between the parties could not be done.

Having scanned the allegations contained in the F.I.R. the Court is of the view that the allegations in the F.I.R. do disclose commission of cognizable offence and/therefore no ground is made out warranting interference by this Court. The prayer for quashing the same is refused.

The petitioner/s has also prayed for an interim order to stay the arrest during the course of investigation relating to the FIR that is sought to be quashed in this petition. In view of the judgment of Apex Court passed the case of State of Orissa vs. Madan Gopal Rungta reported in AIR 1952 SC 12 and Kala Bharti Advertising vs. Hemant Vimal Nath Narichania & ors. reported in 2010 (9) SCC 437 when we are not inclined to grant the main relief sought by the petitioner/s, it would not be appropriate to grant the ancillary relief. Beside that the petitioner, who is apprehending his arrest is having an efficacious remedy of filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) to have anticipatory bail.

The petitioner/s may avail such remedy if so advised. As there appears to be an interim order passed in this petition by Co-ordinate Bench of this Court on 9.5.2019 staying arrest of the petitioner/s, the same shall remain continue till 25th July, 2019, provided the petitioner/s move an application before the Court competent as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) on or before 22nd July, 2019.

The petition for writ is disposed of accordingly.

(Raj Beer Singh, J.) (Ramesh Sinha, J.)

Order Date :- 9.7.2019/Shiraz