HIGH COURT OF JUDICATURE AT ALLAHABAD
Case :- CRIMINAL MISC. WRIT PETITION No. – 4730 of 2020
Petitioner :- Yogendra Singh Alias Saurabh And 3 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Bal Krishna Pandey
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 4.3.2020 alongwith stay of arrest in Case Crime No.172 of 2020, under Section 406 IPC and Section 3/4 D.P. Act, Police Station Kotwali, district Mainpuri.
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 petitioner(s).
It appears from the FIR and the averments made in the present writ petition that the marriage of petitioner no.1 could not be solemnized with the sister of respondent no.3 as demand was made by the petitioners with respect to a car. Thus the present FIR has been lodged by the respondent no.3 against the petitioner no.1 and his family members who are mother, father and sister of petitioner no.1.
After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made, we are of the considered opinion that the petitioner (s) shall not be arrested in Case Crime No.172 of 2020, under Section 406 IPC and Section 3/4 D.P. Act, Police Station Kotwali, district Mainpuri 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 :- 8.4.2020