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Gaurav Kumar And 2 Others vs State Of U.P. And 3 Others on 20 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4913 of 2020

Petitioner :- Gaurav Kumar And 2 Others

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Virendra Kumar Jaiswal

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

By means of this petition, the petitioners have prayed for quashing of the impugned FIR dated 16.2.2020 alongwith stay of arrest in Case Crime No. 71 of 2020 under sections 498-A, 323, 504, 354, 313, 377 I.P.C. and 3/4 D.P. Act, police station Sadabad Kotwali, District Hathras.

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 transpires from the para-6 of the present writ petition that the marriage between respondent no. 4 and petitioner no. 1 was solemnized on 12.6.2012 and from their wedlock two daughters were born. It appears from para-8 of the present petition that respondent no. 4 was insisting the petitioner no. 1 to leave petitioner no. 2 and 3 and start living at Hathras along with her family members which he refused as he was the only bread winner of the family on account of which she lodged the present F.I.R. levelling false and frivolous allegations against him and his family members including petitioner no. 2, who the devar of respondent no. 4 and against whom false allegation for the offence under section 354 I.P.C. has been levelled. So far as allegation for the offence under section 313 I.P.C. is concerned, the same has been denied in para-9 of the present petition.

After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made in para nos. 14 and 15 of the petition, we are of the considered opinion that the petitioners shall not be arrested in Case Crime No. Case Crime No. 71 of 2020 under sections 498-A, 323, 504, 354, 313, 377 I.P.C. and 3/4 D.P. Act, police station Sadabad Kotwali, District Hathras till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.

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.

With the aforesaid directions, this petition is finally disposed of.

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 persons (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.

(Samit Gopal, J.) (Ramesh Sinha, J.)

Order Date :- 20.4.2020

Shiraz

 

 

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