Disposed

Navin Kumar @ Navin and 3 Others v. State of U.P. and 2 Others

Allahabad HC14 May 2019CRLP/6015/2019

Case brief

AI extract

What is this about?

Court considered a writ petition seeking quashing of an FIR in a matrimonial dispute. Due to lack of injury report and relationship context, the court did not quash the case but granted protection from arrest pending the police report while allowing investigation to continue.

What did the court decide?

Petitioner granted protection from arrest till submission of police report under Section 173(2) Cr.P.C., subject to cooperation in investigation.

Navin Kumar @ Navin and 3 Others Vs State of U.P… — Matrimonial and Divorce | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6015 of 2019

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Petitioner :- Navin Kumar @ Navin And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Upadhyay 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 petitioner, learned A.G.A. for the State-respondent Nos. 1 and 2 and perused the record.

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The instant petition seeks quashing of the FIR dated 28.6.2018 registered as Case Crime No. 79 of 2018, under Sections 498A, 323, 504, 506, 406 I.P.C. and Section ¾ Dowry Prohibition Act, at Police Station Mahila Thana, District Allahabad.

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On 7.3.2019, after considering the submissions of the learned counsel for the petitioners, 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 and respondent no.3, false and malicious first information report has been lodged against the petitioner no.1 as well as his family members and there is no injury report in support of the allegations.

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The matter requires consideration.

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Learned A.G.A. has accepted notice on behalf the respondents 1 and 2.

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Let notice be issued to the respondent no.3, fixing 23rd April, 2019.

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List on 23rd April, 2019. By the next date, the respondents shall file their respective counter affidavits.

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Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier, the petitioners' shall not be arrested in Case Crime No. 79 of 2018, under Sections 498-A, 323, 504, 506, 406 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana , District Allahabad, subject to petitioners' co-operation in the investigation.

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It is made clear that investigation of the case has not been stayed. "

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Pursuant to the said order notice was issued to Respondent No.3 fixing 23.4.2019.

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The office has submitted a report that neither acknowledgement nor undelivered cover has been received back.

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No counter affidavit has been filed by as yet.

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Keeping in mind the facts and circumstances of the case, as also the relationship between the parties and the contention that there is no injury report to support the allegation, we deem it

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appropriate to dispose off the petition by providing that investigation of the case shall continue and be brought to its logical conclusion, but, subject to petitioners' cooperation in the investigation, they shall not be arrested in the above case till submission of police report, under Section 173 (2) Cr.P.C., in the aforesaid case.

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Order Date :- 14.5.2019 Manish Tripathi

Navin Kumar @ Navin and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Navin Kumar @ Navin and 3 Others v. State of U.P. and 2 Others

Case brief

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What did the court decide?

What the court decided

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