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Suneel Giri And 10 Others vs State Of U.P. And 3 Others on 15 April, 2020

HIGH COURT OF JUDICATURE AT ALLAHABAD

?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4811 of 2020

Petitioner :- Suneel Giri And 10 Others

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

Counsel for Petitioner :- Ishan Deo Giri

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

By means of this petition, the petitioners Suneel Giri, Girdhari Giri, Smt. Pappi Devi, Pawan Kumar Giri, Smt. Monika, Km. Omwati, Pravesh Giri, Smt. Shakuntala, Manoj, Smt. Saroj and Smt. Pinki have prayed for quashing of the impugned FIR dated 11.10.2019 alongwith stay of arrest in Case Crime No. 1056 of 2019 under sections 498A, 323, 376, 420, 504 I.P.C. and 3/4 D.P. Act, police station Vijay Nagar, District Ghaziabad.

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 F.I.R. as well as the pleadings made in the present writ petition that the marriage of the petitioner no. 1, who is a Constable in BSF, with the respondent no. 4 was solemnized on 17.4.2016 and there appears to be some matrimonial dispute between them. It further alleged in the F.I.R. that an ex-parte divorce was obtained by the petitioner no. 1 from the respondent no. 4 and in spite of the said fact the petitioner no. 1 continued to have physical relationship with her by concealing it. It also transpires from the F.I.R. that a male child was also born from the wedlock of the petitioner no. 1 and the respondent no. 4. The petitioner nos. 2 and 3 are father-in-law and mother-in-law while the petitioner nos. 4 and 5 are jeth and jethani of the respondent no. 4 respectively. The petitioner no. 6 is unmarried nanad while the petitioner nos. 7 and 8 are nandoi and married nanad of the respondent no. 4. The petitioner nos. 9 and 10 are nandoi and married nanad and the petitioner no. 11 is married nanad of the respondent no. 4.

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. 1056 of 2019 under sections 498A, 323, 376, 420, 504 I.P.C. and 3/4 D.P. Act, police station Vijay Nagar, District Ghaziabad 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

Naresh

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

 

 

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