Allahabad High Court
Girish Shukla And 5 Others vs State Of U.P. And 2 Others on 27 May, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:96062-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 19688 of 2023
Petitioner :- Girish Shukla And 5 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Chandra Jeet Singh,Ran Jeet Singh
Counsel for Respondent :- Narendra Kumar
Hon'ble Siddharth,J.
Hon'ble Prashant Kumar,J.
Heard learned counsel for the petitioner; Sri Ashutosh Tripathi, holding brief of Sri Narendra Kumar, learned counsel for respondent no.3 and the learned A.G.A. for the State.
The writ petition seeks quashing of the F.I.R. dated 07.11.2023 giving rise to Case Crime No. 419 of 2023 under Sections 498-A, 323 I.P.C. and 3/4 D.P. Act, Police Station- Premnagar, District- Jhansi.
Learned counsel for the petitioners has submitted that petitioners are family members of matrimonial home of opposite party no.3. It has been submitted that the husband as well as entire family members of the husband-petitioner no.1 have been falsely implicated in the present case by the opposite party no. 3 on the general allegations, which is against the well settled principles of law as laid down by the Hon'ble Supreme Court in the 2012 (10) SCC 741 in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh.
The Apex Court in the case of Kahkashan Kausar @ Sonam vs The State Of Bihar and Others, 2022(6) SCC 5991, has held that in such cases relatives of husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime is made out.
So far as the husband-petitioner no. 1, namely, Girish Shukla, is concerned following orders is being passed:-
From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the petitioners. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the petitioners have got a right of discharge under Section 239 or 227/228 or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings is therefore refused.
However, it is provided that if the petitioner no.1 appears and surrenders before the court below within 60 days from today and applies for bail, then the bail application of the petitioner no.1 be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the aforesaid directions, this application is finally disposed of so far as petitioner no. 1 is concerned.
However, in case, the petitioner no. 1 do not appears before the court below within the aforesaid period, coercive action shall be taken against him.
It is made clear that the petitioner no. 1 will not be granted any further time by this Court for surrendering before the court below as directed above.
So far as the petitioner nos. 2 to 6 are concerned the following order is being passed:-
Notice on behalf of opposite party nos. 1 & 2 has been accepted by learned A.G.A.
Issue notice to opposite party no.3 returnable at an early date.
Opposite parties may file their counter affidavits within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List this case after six weeks.
Till the next date of listing or till cognizance is taken by court on police report submitted under Section 173(2) Cr.P.C., whichever is earlier, the respondents are restrained from arresting the petitioners pursuant to the First Information Report.
Order Date :- 27.5.2024
Abhishek
(Prashant Kumar,J.) (Siddharth,J.)
