2014 Supreme(All) 3207
ALLAHABAD HIGH COURT
Ravindra Singh, Ashwani Kumar Singh, JJ.
Raja Bux Singh and Raju Verma - Appellant
Versus
State of U.P. and others - Respondent
Writ Petition No. 8545 of 2014 (M/B)
Decided On : 16-09-2014
Important Points
Subject
Criminal Law - Jurisdictional Dispute
Headnote
FIR - Jurisdictional Dispute - IPC 364, 364A - The court refused to quash the FIR and dismissed the plea for direction to police not to arrest the petitioners. The court directed the petitioners to appear before the court within 30 days and apply for bail.
Fact of the Case:
The petitioners sought to quash the FIR filed by respondent no. 4 alleging abduction and illegal detention of her husband. The petitioners claimed that the FIR was based on false allegations and lodged with malafide intentions.
Finding of the Court:
The court found that the allegations in the FIR disclosed a cognizable offense and refused to quash the FIR. The plea for direction to police not to arrest the petitioners was also dismissed. However, the court directed the petitioners to appear before the court within 30 days and apply for bail.
Issues: Jurisdictional dispute, malafide intentions in lodging the FIR, plea for direction to police not to arrest the petitioners.
Ratio Decidendi: The court held that the allegations in the FIR disclosed a cognizable offense and refused to quash the FIR. The court also found no grounds to issue a direction to the police authorities not to arrest the petitioners.
Final Decision: The court refused to quash the FIR and dismissed the plea for direction to police not to arrest the petitioners. The court directed the petitioners to appear before the court within 30 days and apply for bail.
For the Petitioners: Kunwar Mridul Rakesh and Vaibhav Kalia
For the Respondents A.G.A. and V.K.Sahi
Heard Sri Kunwar Mridul Rakesh, Senior Advocate, assisted by Sri Vaibhav Kalia, learned counsel for the petitioners, learned A.G.A.for the State of U.P.and Sri V.K.Sahi, learned counsel for respondent no.4, Smt. Rita Dixit.
2. This writ petition has been preferred by the petitioners Raja Bux Singh and Raju Verma with the following prayers :
(I) to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR of case crime No. 1521 of 2014 under sections 364/364-A I.P.C., Police Station Kotwali City, District Hardoi contained in Annexure-1 and every proceedings arising out of the same.
(II) to issue a writ, order or direction in the nature of mandamus directing and commanding the opposite parties not to arrest the petitioners in pursuance of the impugned FIR contained in Annexure-1.
(III)to issue any other writ, order or direction which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of this case.
3. The facts, in brief, of this case are that the impugned FIR has been lodged by respondent no. 4 Smt. Rita Dixit on 21.8.2014 at 11.00 A.M.in respect of the incident allegedly occurred on 3.8.2014 at about 9.30 P.M.and thereafter, at police station Kotwali Shahar, district Hardoi in case crime No. 1521 of 2014 under sections 364, 364A I.P.C. against the petitioners and 3 unknown miscreants alleging therein that the first informant, Smt. Rita Dixit, respondent No. 4, wife of the victim Dinesh Dixit is resident of House No. 45 Nehata Hardoi, on 3.8.2014 at about 5.00 P.M.the petitioner Raja Bux Singh, who was doing contractor ship along with the informant's husband came to her house in a Safari Car No. UP 32 EF 7924, driven by the petitioner Raju along with 3 unknown persons and they put the proposal before the informant's husband for going to Haridwar to have a dip in the Ganga River on the last Monday of Shrawan, on which it was told by the first informant to her husband that there had been a dispute with the petitioner Raja Bux Singh in the year 2007 over a contractor ship,the same was settled so that the dispute may not increase and the amount of Rs. 25 lakhs was given to the petitioner Raja Bux Singh for the work of contractor ship, therefore, she was not permitting her husband to go alone in the company of the petitioner Raja Bux Singh to Haridwar due to his criminal image and rogue. On this advice, the informant's husband also avoided the aforesaid proposal by saying that at some other occasion he would go accompanying with family but the petitioner Raja Bux Singh assured the informant's husband and the first informant by saying that he was ready to move to Haridwar today accompanying her along with wife and children and by saying that be ready to move, he was bringing his family and he left to his house, after about one hour, the petitioner Raja Bux Singh along with his wife and daughter came there by the same vehicle and insisted to go to Haridwar, relying upon the petitioner Raja Bux Singh, informant's husband , first informant and her children became ready to go to Haridwar and they moved to Haridwar at 9.30 P.M.by their vehicle No. UP 30-X 2728 by following the vehicle of petitioner Raja Bux Singh. In the morning of 4.8.2014 at about 4.00 A.M.they reached to Haridwar where the petitioner Raja Bux Singh asked to stay at Alakh Nanda Guest House and the vehicles were stopped there, the aforesaid guest house was at a distance of 7-8 kms.from the city of Haridwar in a deserted place that is why the first informant refused to stay there but after exchange of a lot of words at about 6.00 A.M. Rooms were booked by the petitioner Raja Bux Singh in Trishul Hotel, near Hari Ki Paddi and called his acquaintances from Haridwar and the informant's husband was introduced to them by the petitioner Raja Bux Singh by name saying that he was Dinesh Dixit, who was doing the contractor ship in Hardoi, thereafter, the petitioner Raja Bux Singh brought the first informant and her c