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Smt. Rama & Another v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 12833 of 2007 [2007] RD-AH 14566 (27 August 2007)

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Court No.32

Criminal Misc.Writ Petition No.12833 of 2007

Smt. Rama and another .....Petitioners


State of U.P. & others .....Respondents


Hon'ble S. Rafat Alam, J.

Hon'ble V.D.Chaturvedi ,J.

Heard learned counsel for the petitioners and the learned Additional Government Advocate for the State-respondents and also perused the impugned FIR.

In the instant writ petition the petitioners have come up for quashing of the FIR dated 17.5.2007 in Case Crime No. 435 of 2007, under Sections 498-A and 304-B, IPC and Section 3/4 of Dowry Prohibition Act, Police Station Amariya, District Pilibihit.

It is vehemently contended that the petitioners are ladies and have falsely been implicated in this case. It is also submitted that the allegation against the petitioners in the FIR does not disclose commission of any cognizable offence.

We do not find any force in the submission for the reason that from a bare reading of the impugned FIR, commission of cognizable offence is disclosed. Therefore, there is no reason to quash the impugned FIR or to grant any relief at this stage. However, in view of the fact that the petitioners are ladies and looking to the facts and circumstances of the case and also in view of the judgment of the Hon'ble Apex Court in the case of Jogendra Kumar Vs. State of U.P. and others, 1994 (4) SCC 260, it is provided that the petitioners shall be arrested only when credible evidence is collected against them and if it is found that their arrest is necessary and justified for the purpose of proper investigation.

With the aforesaid observation, the petition stands dismissed.




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