Remanded

Mohd. Jalauddin Khan and 5 Others v. State of U.P. and 3 Others

Allahabad HC8 May 2019CRLP/3151/2019

Case brief

AI extract

What is this about?

Criminal Miscellaneous Writ Petition seeking quashing of FIR under Sections 498A and 323 IPC and Dowry Prohibition Act. Court directed investigation to continue without arresting petitioners until police report under Section 173(2) Cr.P.C. is submitted, subject to their cooperation.

What did the court decide?

Investigation to continue; petitioners not to be arrested till police report under Section 173(2) Cr.P.C. is submitted, subject to their cooperation.

Mohd. Jalauddin Khan and 5 Others Vs State… — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3151 of 2019

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Petitioner :- Mohd. Jalauddin Khan And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Md. Zeaul Hoda Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioners; learned A.G.A. for the State-respondent nos. 1, 2 & 3 and perused the record.

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The instant petition seeks quashing of the FIR dated 05.11.2018 registered as Case Crime No. 135 of 2018, under Sections 498A & 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Dildarnagar, District Ghazipur.

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After considering the submissions of the learned counsel for the petitioners, on 07.02.2019, following order was passed:-

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"The contention of the learned counsel for the petitioners is that on account of matrimonial differences between petitioner no.1 (husband of respondent no. 4) and respondent no. 4, entire family of petitioner no.1 has been implicated by levelling false allegations. It has also been submitted that petitioner no.1 is an army personnel and posted at the boarder and on account of staying away from his wife, various matrimonial differences had taken place. It has also been submitted that there is no injury report in support of the prosecution.

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The matter requires consideration.

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Learned A.G.A. has accepted notice on behalf of respondent nos. 1, 2 and 3.

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Let notice be issued to respondent no. 4 fixing 10th April, 2019.

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By the next date of listing, the respondents shall file their respective counter affidavits.

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Till the next date of listing or till the submission of the police report under section 173(2) Cr.P.C., whichever is earlier, no coercive action shall be taken against the petitioners in Case Crime No. 135 of 2018, under sections 498-A, 323 I.P.C. and section 3/4 of D.P. Act P.S. Dildarnagar, district Ghazipur.

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It is made clear that this court has not stayed the investigation."

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Pursuant to the above order notice was issued to the respondent

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no. 4 fixing 10th April, 2019.

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The office has submitted its report that notice was issued to the respondent no. 4, but neither acknowledgement nor undelivered cover has been received back.

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A short counter affidavit has been filed by learned A.G.A. disclosing that investigation is pending.

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As no reply has been submitted by the respondent no. 4, keeping in mind the facts and circumstances of the case as also that the allegations made in the impugned F.I.R. on its bare perusal disclose commission of cognizable offences, we deem it appropriate to dispose off this petition by observing that investigation shall continue and be brought to its logical conclusion, but, subject to petitioner's co-operation in the investigation, the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.

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Order Date :- 8.5.2019 Vibha Singh

Mohd. Jalauddin Khan and 5 Others v. State of U.P. and 3 Others

Case brief

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Mohd. Jalauddin Khan and 5 Others v. State of U.P. and 3 Others

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