Partly allowed

Gaurav Tripathi and 5 Others v. State of U.P. and 3 Others

Allahabad HC18 Dec 2018CRLP/36762/2018

Case brief

AI extract

What is this about?

Court dealt with a writ petition seeking quashing of an FIR and arrest for serious criminal offences. It dismissed the quashing as prima facie cognizable offences were made out. It directed appearance for bail and granted interim bail to three specific petitioners.

What did the court decide?

Interim bail granted to petitioners no.3, 4, and 6. Direction to appear for bail hearing within 30 days.

Gaurav Tripathi and 5 Others Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2018)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 36762 of 2018

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Petitioner :- Gaurav Tripathi And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satendra Tirpathi,Pinky Verma Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the petitioners and the learned A.G.A. for the State.

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The relief sought by means of this petition is for quashing of the FIR dated 26.11.2018 registered at Case Crime No. 19 of 2018 under Sections 307/323/504/506/34 IPC, Police Station Mahila Thana, District Lalitpur.

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It is submitted by the learned counsel for the petitioners that the petitioner no.1 is the husband of respondent no.4. The petitioner nos. 2 to 6 are the family members. All the petitioners are maliciously being dragged in the criminal proceedings on account of matrimonial bickering. The respondent no.4 has conspired the entire prosecution story so as to build undue pressure upon them.

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Per contra learned AGA contended that the contents of the first information report cannot be aborted at this stage. The petitioners had administered poisonous substance so as to liquidate the respondent no.4 which is evident from their conduct.

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Regard being had to the submission of the learned counsel for the parties and also from the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out against the petitioners. The petitioners are involved in the serious offences hence no ground exists for quashing of the F.I.R. or staying the arrest of the petitioners .

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However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously in accordance with law. The petitioners no.3,4 and 6 namely Smt. Sheela Tripathi, Reena Dixit and Raginee Chaturvedi shall be released on interim bail till the disposal of the regular bail application.

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In the light of above observations, this petition is accordingly disposed of.

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Order Date :- 18.12.2018 Naim

Gaurav Tripathi and 5 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Gaurav Tripathi and 5 Others 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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