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Raj Kumari Devi And 3 Others vs State Of U.P. And 2 Others on 20 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4927 of 2020

Petitioner :- Raj Kumari Devi And 3 Others

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

Counsel for Petitioner :- Rabindra Bahadur Singh

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

By means of this petition, the petitioners Smt. Raj Kumari Devi, Smt. Chetan, Rinku and Gaurabh have prayed for quashing of the impugned FIR dated 09.2.2020 alongwith stay of arrest in Case Crime No. 0068 of 2020, under sections 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station Jagadeeshpura, District- Agra.

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 pleadings made in the present writ petition that the impugned F.I.R. has been lodged by the respondent no. 3, who is daughter-in-law of the petitioner no. 1, just as a pressure tactic to transfer the house which is situated in Agra in the name of the petitioner no. 1, in her favour. The husband of the respondent no. 3 has not been made petitioner in the present writ petition. The petitioners are in-law of the respondent no. 3.

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. 0068 of 2020, under sections 498A, 323 I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station Jagadeeshpura, District- Agra 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 :- 20.4.2020

Naresh

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

 

 

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