Disposed

km. Shahzadi and 2 Others v. State of U P and 2 Others

Allahabad HC9 May 2018CRLP/11833/2018

Case brief

AI extract

What is this about?

High Court dismissed the petition to quash an FIR under sections 498-A, 306, and 302 IPC but directed police to avoid arrest of petitioners until the police report was submitted under Cr.P.C. Section 173(2) and complete investigation within three months.

What did the court decide?

Direction not to arrest petitioners until submission of police report under Section 173(2) Cr.P.C. and to cooperate with investigation; investigation to be completed within three months.

km. Shahzadi and 2 Others Vs State of U P and 2… — Criminal Trial and Appeal | Allahabad HC (2018)

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Court No. - 51 Case :- CRIMINAL MISC. WRIT PETITION No. - 11833 of 2018

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Petitioner :- Km. Shahzadi And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Jagdish Prasad Mishra Counsel for Respondent :- G.A.,Brahma Kumar Tiwari

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Supplementary affidavit filed today, is taken on record.

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Heard Sri Jagdish Prasad Mishra, learned counsel for the petitioners, Sri Brahma Kumar Tiwari, learned counsel for the respondent no.3 and learned AGA for the State.

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This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR dated 29.04.2018 registered as Case Crime No.66 of 2018, under Sections 498-A, 306, 302, I.P.C., Police Station Kakarauli, District Muzaffarnagar.

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Learned counsel for the petitioners submitted that the petitioner no.1 is the unmarried Nanand, petitioner no.2 is Cousin Dewar and petitioner no.3 is the Nandoi; husband is not a party in the present case and he has already been arrested by the police; marriage is of the year 2008.

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Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out.

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After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F. I. R.

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However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties present, we dispose of this writ petition with the direction that the petitioner(s) shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner(s) shall participate and co-operate with the investigation. The police authority is directed to complete the investigation within three months from the date of production of certified copy of this order.

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Order Date :- 9.5.2018/VKG

km. Shahzadi and 2 Others v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

km. Shahzadi and 2 Others v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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