Partly allowed

Umesh Kumar Yadav and Anr. v. State of U.P. and 3 Ors.

Allahabad HC19 Feb 2018CRLP/1057/2018

Case brief

AI extract

What is this about?

The Court heard a writ petition to quash an FIR. It granted direction that the unmarried daughter must not be arrested until the police report is submitted under Section 173(2) Cr.P.C., but dismissed the petition regarding the father.

What did the court decide?

Petitioner no.2 shall not be arrested till submission of police report under Section 173(2) Cr.P.C.; petition regarding petitioner no.1 dismissed.

Umesh Kumar Yadav and Anr. Vs State of U.P. and 3 Ors. — Quashing and FIR | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1057 of 2018

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Petitioner :- Umesh Kumar Yadav And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Santosh Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.

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Heard Sri S.K. Pandey, learned counsel for the petitioners, Sri Ashish Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 5.5.2017, in case crime no.148 of 2017, u/s 419, 420 and 406 IPC, P.S. Syedraja, disrict Chandauli.

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It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the informant against the petitioners who are father and daughter. The petitioner no.2 is unmarried daughter of petitioner no.1. As per FIR, the allegations levelled against the petitioners is false, frivolous and devoid of any evidences, hence the impugned FIR is liable to be quashed.

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Per contra learned AGA opposed the prayer for quashing and submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.

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After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:

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(i) Investigation of the aforesaid case shall go on but the petitioner no.2 Km. Prachi who is unmarried daughter of petitioner no.1 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.

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(ii) As far as the petitioner no. 1 is concerned, the petition stands dismissed.

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With this direction, this petition is finally disposed of.

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(Krishna Pratap Singh, J.) (Ramesh Sinha, J.) Order Date :- 19.2.2018 Gaurav

Umesh Kumar Yadav and Anr. v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

Umesh Kumar Yadav and Anr. v. State of U.P. and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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