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Shivam Mehoratra And 2 Others vs State Of U.P. And 3 Others on 22 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4983 of 2020

Petitioner :- Shivam Mehoratra And 2 Others

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

Counsel for Petitioner :- Rajkishore Singh

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 2.10.2019 alongwith stay of arrest in Case Crime No.0545 of 2019, under Sections 506/504/323/498A I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station Kotwali, District Jaunpur.

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 as well as the pleadings made in the writ petition that the marriage between the petitioner no.1 and daughter of respondent no.4 was solemnized on 25.6.2018. The petitioners have no criminal history except the present case, as per paragraph no.13 of the writ petition. It further transpires that petitioner no.1 has filed an application supported with an affidavit dated 13.11.2019, under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights in the Court of Principal Judge, Family Court, Kanpur Nagar which is still pending, the said fact has been mentioned in paragraph no.16 of the writ petition. It is a case of no injury. It is further averred in paragraph no.13 that the impugned FIR has been lodged by respondent no.4 roping in the entire family of his daughter’s 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 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.0545 of 2019, under Sections 506/504/323/498A I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station Kotwali, District Jaunpur 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 :- 22.4.2020

NS

 

 

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