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Vikram And 7 Others vs State Of U.P. And 3 Others on 7 April, 2020


?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4680 of 2020

Petitioner :- Vikram And 7 Others

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

Counsel for Petitioner :- Neel Mani Sharma

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon’ble The Chief Justice which is available on the official website of this Court.

By means of this petition, the petitioners have prayed for quashing of the impugned FIR dated 15.2.2020 alongwith stay of arrest in Case Crime No. 16 of 2020, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, 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 averments made in paragraph no.7 of the writ petition that the marriage between the petitioner no.1 and respondent no.4 was solemnized on 23.6.2018. It is further averrred in paragraph no.8 that the impugned FIR has been lodged by the respondent no.4 roping the entire family of her husband, petitioner no. 1 containing absolutely false, concocted, vague and sweeping allegations against them. As per paragraph no.14, it is a case of no injury.

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.16 of 2020, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, 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 taken up the present matter and proceeded with it treating to be extremely urgent 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 petitioner (s).

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 :- 7.4.2020




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