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Naiem Anwar And 7 Others vs State Of U.P. And 2 Others on 21 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4948 of 2020

Petitioner :- Naiem Anwar And 7 Others

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Irshad Ahmad

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 20.01.2020 alongwith stay of arrest in Case Crime No.11 of 2020, under Sections 498A, 323, 324, 504, 506 I.P.C. 3/4 Dowry Prohibition Act, 1961 Section 3/4 Muslim Women (Protection of Rights on Marriage Act), 2018, Police Station Mahila Thana, District Gautam Budh Nagar.

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 averments made in paragraph no.5 of the writ petition that the marriage between the petitioner no.1 and respondent no.3 was solemnized on 24.10.2028. It further transpires from paragraph no.12 of the writ petition that it is a case of no injury as it has been stated in the F.I.R.that the victim respondent no.3 did not state that she received any injury, but subsequently just to create pressure it has been alleged that she has received injuries and there is no medical examination report of the victim is available on record. It is further averred in paragraph no.13 that the impugned FIR has been lodged by respondent no.3 roping in the entire family of her husband, i.e., petitioner no.1 containing absolutely false, concocted, vague and sweeping allegations against them.

After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made in the petition, we are of the considered opinion that the petitioners shall not be arrested in Case Crime No.11 of 2020, under Sections 498A, 323, 324, 504, 506 I.P.C. 3/4 Dowry Prohibition Act, 1961 Section 3/4 Muslim Women (Protection of Rights on Marriage Act), 2018, Police Station Mahila Thana, District Gautam Budh Nagar 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 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.

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

Order Date :- 21.4.2020

NS

 

 

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