Court No. - 37 Case :- CRIMINAL MISC. WRIT PETITION No. - 11129 of 2010 Petitioner :- Jagwanti Devi Prajapati & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Nagendra Kumar Mishra,Prem Shanker Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ashok Bhushan,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the petitioners and the learned AGA.
By this writ petition, the petitioners have prayed for quashing of the FIR in
Case Crime No.182 of 2010, under Sections 323, 504, 506, 498-A IPC and
Section 3/4 Dowry Prohibition Act, P.S. Handia, District Allahabad.
Learned counsel for the petitioners submits that the petitioners no.1 and 3 are
females, the husband is already arrested and is in jail since 5th June, 2010. It
is submitted that the incident mentioned is of 9.12.2009, whereas the FIR has
been registered on 2nd June, 2010.
A perusal of FIR discloses prima facie commission of offence. We are of the
view that it is not a fit case for exercise of jurisdiction under Article 226 of
the Constitution of India. We see no good ground to quash the impugned FIR.
However, looking into the facts and circumstances of the case, it is provided
that till the submission of report under Section 173(2) Cr.P.C. the petitioners
be not arrested in pursuance of Case Crime No.182 of 2010, under Sections
323, 504, 506, 498-A IPC and Section 3/4 Dowry Prohibition Act, P.S.
Handia, District Allahabad.
In view of the aforesaid observations, the writ petition is disposed of.
Order Date :- 29.6.2010
Mustaqeem.