Disposed

Manju Shukla and Another v. State of U.P. and 2 Others

Allahabad HC3 Nov 2020CRLP/10139/2020

Case brief

AI extract

What is this about?

In a joint petition filed by husband and wife, the Allahabad High Court refused to quash the FIR. Instead, the court ordered investigation to continue but directed that the petitioner not be arrested until the submission of the police report under Section 173(2) Cr.P.C., subject to cooperation during inquiry.

What did the court decide?

Ordering investigation to proceed with a stay on arrest of the petitioner till submission of police report under Section 173(2) Cr.P.C., subject to cooperation.

Manju Shukla and Another Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2020)

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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 10139 of 2020

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Petitioner :- Manju Shukla And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajrshi Gupta,Dileep Kumar(Senior Adv.) Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

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Heard Dileep Kumar, learned Senior Advocate assisted by Sri Rajrshi Gupta, learned counsel for the petitioners and Sri Sunil Kumar Dubey, learned brief holder of Sri Sanjay Kumar Dubey, learned counsel for the informant.

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This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 30.01.2020 in Case Crime No. 63 of 2020, under Sections 498A, 323, 506, 376, 377 IPC and Section 3/4 of Dowry Prohibition Act, Police Station-Barra, District- Kanpur.

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Learned counsel for the petitioners submits that it is a joint petition both on behalf of husband and wife, petitioner no. 1 is major, FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.

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Per contra, the learned A.G.A has opposed the submission.

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After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.

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However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.

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The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 3.11.2020/Vikram/-

Manju Shukla and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Manju Shukla and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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