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Allahabad High Court · body

2015 DIGILAW 1804 (ALL)

Safiq Ahmad @ Babboo @ Safi Mohammad v. State of U. P. Thru Secy.

2015-07-08

V.K.SHUKLA, VIJAY PRAKASH PATHAK

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JUDGMENT Safiq Ahmad @ Babbo @ Safi Mohammad and five others are before this Court with the request to quash the FIR dated 12.04.2015 registered as Case Crime No. 210 of 2015 under Sections 323, 354, 316, 498A, 504, 506 IPC and 3/4 D.P. Act, P.S. Bilaspur, District Rampur. 2. We have the occasion to peruse the First Information Report in question and as far as the First Information Report goes it clearly proceeds to make a mention that for the abortion in question, petitioner nos.1, 2 and 4 have been shown to be responsible and there are allegations of demand of dowry and harassment against all the petitioners. 3. Once such are the factual situations that have been so narrated in the FIR, no case for quashing of FIR is made out and the request in the said direction is turned down. 4. Petitioners' counsel has next contended that petitioners no.3, 5 and 6 are ladies and and there is no credible evidence, worth name that has come forward connecting them with the crime in question and this Court should come to the rescue and reprieve of petitioners no.3, 5 and 6. 5. Consequently, keeping in view the peculiar facts and circumstances of the case and the factum that petitioners no.3, 5 and 6 are ladies and it is alleged that no credible evidence worth name is available against petitioners no.3, 5 and 6, we proceed to pass an order that investigation may go on and the petitioners no.3, 5 and 6 shall extend full cooperation in the investigation and shall not hamper with the investigation but pursuant to impugned FIR dated 12.04.2015 registered as Case Crime No. 210 of 2015 under Sections 323, 354, 316, 498A, 504, 506 IPC and 3/4 D.P. Act, P.S. Bilaspur, District Rampur, petitioners no. 3, 5 and 6 may not be arrested till credible evidence is available against him or till submission of police report under Section 173 (2) Cr.P.C., whichever is earlier. With these observations, writ petition is disposed of.