Disposed

deepak gaur and another v. State of U.P. and 02 others

Allahabad HC16 Mar 2018CRLP/6338/2018

Case brief

AI extract

What is this about?

Petitioners sought to quash an FIR alleging false implication and arrest harassment. The court directed that no arrest be made pending the police report under Section 173(2) Cr.P.C., provided petitioners cooperate with investigation.

What did the court decide?

No arrest of petitioners until submission of police report under Section 173(2) Cr.P.C.; cooperation with investigation required.

deepak gaur and another Vs State of U.P. and 02 others — Bail and Remand | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6338 of 2018 Petitioner :- Deepak Gaur And Another Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Raghuvansh Misra 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 Raghuvansh Mishra, learned counsel for the petitioners, Sri R.K.Mishra, learned Brief Holder for the State and perused the impugned FIR as well as material brought on record.

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This petition has been filed by the petitioners with a prayer to quash the FIR dated 20.1.2018 registered as Case Crime No.64 of 2018, under Sections 498A, 323, 307, 376, 511, 504, 506, 313 I.P.C., Police Station Kotwali Dehat, District Bulandshahr.

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Learned counsel for the petitioners submits that the petitioners are Nandoi and Nanad of respondent no.3 and they have been falsely implicated in the present case for the purpose of harassment. The petitioners are living separately living at Faridabad, Haryana. He further submits father-in-law, mother-in-law, sister-in-law and husband of respondent no.3 has already approached this Court challenging the impugned FIR by means of filing Crl. Misc. Writ Petition No. 6302 of 2018 in which their arrest has been stayed by this Court vide order dated 15.3.2018 disposing of the said writ petition, hence, arrest of the petitioners may also be stayed by this Court.

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Learned Brief Holder opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioners.

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.

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With the above direction, this petition is finally disposed of.

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(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)

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Order Date :- 16.3.2018/NS

deepak gaur and another v. State of U.P. and 02 others

Case brief

What is this about?

What did the court decide?

deepak gaur and another v. State of U.P. and 02 others

Case brief

What is this about?

What did the court decide?

What the court decided

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