High Courts(2009) 06 AHC CK 0025

Husaini And 2 Others vs State of U.P.Through Principal Secy.And 3 Others

Allahabad High Court · Decided on 8 June 2009

HON’BLE JUDGES
Alok Kumar Singh, J and Shabihul Hasnain, J
RESULT
Disposed Of

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Judgment

7 paragraphs · 231 words

Shabihul Hasnain, J.

Heard the learned counsel for the petitioners, learned A.G.A. and perused the F.I.R. and also the relevant material on record.

There is no need to issue notice to opposite party no. 4 at this stage, hence it is dispensed with.

The F.I.R. discloses commission of cognizable offence, hence it cannot be quashed.

Learned counsel for the petitioners, however, submits that as usual this F.I.R. has been lodged making false allegation of alleged demand of dowry against all the family members including the aged fatherinlaw and two married sisterinlaws (two nanands), petitioners nos. 1 to 3 who are living separately. He further submits that the husband being a law abiding citizen has already surrendered before the court below and has been enlarged on bail. The unfortunate fatherinlaw, petitioner no.1 is an infirm person aged about 70 years whereas the remaining two petitioners are married sisterinlaws as mentioned hereinabove.

In view of the facts and circumstances of the case and particularly having regard to the submission made hereinabove by the learned counsel for the petitioner, it is provided that till credible evidence is collected, the petitioners shall not be arrested in Case Crime No.365 of 2009, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Sandila, District Hardoi subject to their cooperation in the investigation.

With these observations, the writ petition is finally disposed of.