Raj Muhammad Alias Mohammad Raja Ansari and 5 Others v. State of U.P. and 2 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 17139 of 2023 Petitioner :- Raj Muhammad Alias Mohammad Raja Ansari And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Priti Singh Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Vinod Diwakar,J.

¶1Heard Ms. Priti Singh, learned counsel for the petitioners and learned A.G.A for the State respondents.

¶2The relief sought in this petition is for quashing of the F.I.R. dated 09.10.2023, registered as Case Crime No. 0181 of 2023, under Sections 498A, 304B IPC and 3/4 Dowry Prohibition Act, 1961, Police Station Bhatpar Rani, District Deoria. Further prayer has been made not to arrest the petitioners in the aforesaid case.

¶3Submission of learned counsel for the petitioners is that entire family member have been falsely implicated in the present case whereas the petitioners are living separately and devar and husband have already been arrested and therefore, no fruitful purpose would be served by arresting the petitioners in any case as such no offence has been made out.

¶4Per contra, learned AGA on instructions submits that it is a case of strangulation and admittedly unnatural death had taken at matrimonial house as such, cognizable offence is made out.

¶5Perusal of the impugned first information report prima facie reveals commission of cognizable offence.

¶6Thus, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report.

¶7The petition is dismissed. Order Date :- 9.11.2023 Ujjawal High Court of Judicature at Allahabad