HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC. WRIT PETITION No. – 4813 of 2020
Petitioner :- Dushyant (Minor) And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Satyendra Narayan Singh,Shashi Kant Mishra
Counsel for Respondent :- G.A.
Hon’ble Ramesh Sinha,J.
Hon’ble Samit Gopal,J.
By means of this petition, the petitioners Dushyant and Devaki have prayed for quashing of the impugned FIR dated 30.12.2019 alongwith stay of arrest in Case Crime No. 120 of 2019 under sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Bulandshahar.
Perused the impugned FIR and the pleadings as has been averred in the present writ petition which is supported by an affidavit.
The office has not placed before the Court any E-Mail received from the learned A.G.A for the State, informant/complainant/aggrieved person regarding any objection with respect to the prayer of stay of arrest of the petitioners.
It appears from the FIR and the averments made in the present writ petition that the petitioner nos. 1 and 2 are minor dever and nanad of the victim/respondent no. 3 respectively. It further transpires from paragraph no. 10 of the writ petition that father-in-law and mother-in-law of the victim/respondent no. 3 have already been granted bail by a competent court vide orders dated 14.1.2020 and 8.1.2020 respectively, copies of which have been annexed as annexure no. 3 to the writ petition.
After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made in the writ petition, we are of the considered opinion that the petitioners shall not be arrested in Case Crime No. 120 of 2019 under sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, police station Mahila Thana, District Bulandshahar till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
With the aforesaid direction, this petition is finally disposed of.
It is made clear that it will be open for the State, informant/ complainant/ aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition as the Court has proceeded to take up the present matter during the period of lockdown in the State of U.P. as well as in the Country on the call given by the Hon’ble Prime Minister of India due to Novel Corona Virus (COVID-19), within a period of two months from today.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 15.4.2020
(Samit Gopal, J.) (Ramesh Sinha, J.)