Partly allowed

Madhusudan and 2 Ors. v. State of U.P. and 2 Ors.

Allahabad HC10 Nov 2020CRLP/12502/2020

Case brief

AI extract

What is this about?

The High Court refused to quash the FIR as prima facie offences were made out. However, the court directed non-arrest of petitioners Nos. 2 and 3 (parents of the victim) until the submission of the police report, provided they cooperate with the investigation.

What did the court decide?

Prayer to quash FIR refused. Investigation shall proceed. Petitioner Nos. 2 and 3 shall not be arrested till submission of police report under Section 173(2) Cr.P.C. subject to cooperation.

Madhusudan and 2 Ors. Vs State of U.P. and 2 Ors. — Bail and Remand | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12502 of 2020

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Petitioner :- Madhusudan And 2 Ors. Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Jhansi Counsel for Respondent :- G.A.

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

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Office is directed to correct the name of "Sri Devendra Kumar Mishra", as counsel for the petitioners in lieu of "Jhansi."

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Heard Sri Devendra Kumar Mishra, learned counsel for the petitioners and the learned A.G.A.

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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 08.02.2019 registered as Case Crime No. 43 of 2019, under Section 363, 366 IPC, Police Station Moth, District Jhansi.

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Learned counsel for the petitioners submits that petitioner no. 1 has been arrested and he is in jail, if that be so the writ petition qua him is dismissed.

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Learned counsel for the petitioners submits that other two petitioners i.e., petitioner no. 2 and 3 are the parents of petitioner no. 1, the victim in her statement under Section 164 Cr.P.C. has not supported the prosecution version, 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 petitioners. 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 nos. 2 and 3 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their 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 :- 10.11.2020 Ujjawal

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Digitally signed by Justice Pankaj Digitally signed by Justice Vivek Naqvi Agarwal Date: 2020.11.11 17:48:04 IST Date: 2020.11.11 17:49:13 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Madhusudan and 2 Ors. v. State of U.P. and 2 Ors.

Case brief

What is this about?

What did the court decide?

Madhusudan and 2 Ors. v. State of U.P. and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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