Disposed

Imran Sheikh @ Arman and Another v. State of U.P. and 3 Others

Allahabad HC19 Apr 2018CRLP/18/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition sought quashing of an FIR under Section 366 IPC for abduction. The court observed the marriage was solemnized without coercion and the couple lives happily. The petition was disposed of, directing no coercive action until the police report and mandating fair investigation within three months.

What did the court decide?

No coercive action until police report under Section 173 Cr.P.C.; fair investigation to be completed preferably within three months.

Imran Sheikh @ Arman and Another Vs State… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 18 of 2018

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Petitioner :- Imran Sheikh @ Arman And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Harish Chandra Mishra Counsel for Respondent :- G.A.

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

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Heard the learned counsel for the parties.

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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 15.12.2017 registered as Case Crime No.0279 of 2017, under Sections 366 I.P.C., Police Station-Kotwali, District Jhansi and further prayed for seeking direction to the respondents not to arrest the petitioners in pursuance of the said case.

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Perusal of the record shows that another Bench of this Court passed an interim order on 04.01.2018.

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In view of the office report dated 18.04.2018, the service of notice on respondent No.4 is deemed to be sufficient.

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Perusal of the record shows that petitioner nos.1 and 2 both are major and they have also solemnized their marriage on 03.12.2017 as per Muslim Customs without any threat and coercion and they are living happily as husband and wife. In this view of the matter an interim order was passed.

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Thus, in view of the facts and circumstances of the case and keeping in view the law as laid down in the case of Sachin Pawar v. State of U.P. Passed in Criminal Appeal No. 1142 of 2013 decided on 2.8.2013 , no purpose would be served in keeping the present matter pending any further before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-

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(a) Till the submission of police report under Section 173(2) Cr.P.C. no coercive action shall be taken or initiated against the petitioners, however they shall participate and cooperate with the investigation;

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(b) Copy of this order shall be forwarded to the concerned SSP/SP through the office of Government Advocate of this Court, who shall personally look into the matter and thereafter shall ensure that fair investigation is done in accordance with

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law without any whims, caprice or personal notion of morality;

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(c) The police authorities are directed to investigate the matter fairly expeditiously and submit the report as per the provisions of the Code of Criminal Procedure and in accordance with the law preferably within a period of three months from today keeping in view the law as laid down by the Division Bench of this Court at Lucknow Bench in the case of Vishal Jaiswal and another v. State of U.P. and others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Parveen and another v. State of U.P. And others passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh v. State of U.P. And another; 2011(6) SCC 396 and Shakti Vahini v. Union of India passed in Writ Petition (Civil) No. 231 of 2010.

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(d) Liberty is also given to the respondents that if anyone of them has any grievance with this order, he/she may move recall application in the present proceedings itself;

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(e) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to.

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The writ petition, accordingly, stands disposed off finally.

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The aforesaid order has been passed by the consent of all the learned counsel for the parties concerned.

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Order Date :- 19.4.2018 Nitin Verma

Imran Sheikh @ Arman and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Imran Sheikh @ Arman and Another v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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