Dismissed

Archana and 4 Others v. State of U.P. and 3 Others

Allahabad HC25 Aug 2020CRLP/7975/2020

Case brief

AI extract

What is this about?

This judgment disposes of a Criminal Misc. Writ Petition praying for quashing of an FIR. The High Court declined to quash the FIR but directed that petitioners shall not be arrested pending the police report under S. 173(2) Cr.P.C., whilst they must cooperate with the investigation, finally dismissing the writ petition by special order dated 25.8.2020.

What did the court decide?

Non-arrest of petitioners directed pending submission of police report under Section 173(2) Cr.P.C.; direction to cooperate with investigation; writ petition finally disposed of.

Archana and 4 Others Vs State of U.P. and 3 Others — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7975 of 2020

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Petitioner :- Archana And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Mishra Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.

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Heard Sri Ramesh Chandra Mishra, learned counsel for the petitioners, Ms. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. 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 F.I.R. dated 04.06.2019 registered as case crime no. 0472 of 2019 under sections 143, 452, 504, 506 IPC, police station Cantt., District Gorakhpur.

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Learned counsel for the petitioners submits that respondent no.4 is the wife of petitioner's real brother and some dispute arose between them for which an FIR was also lodged from the side of the petitioners against the husband of respondent no.4.

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Learned A.G.A. opposed the prayer for quashing.

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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, namely, Archana, Nanhe Lal Yadav, Jitendra Yadav, Aditya and Suraj Yadav shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent court 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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The parties shall file computed generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the 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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(Ajit Singh, J.) (Ramesh Sinha, J.) Order Date :- 25.8.2020 Madhurima

Archana and 4 Others v. State of U.P. and 3 Others

Case brief

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Archana and 4 Others v. State of U.P. and 3 Others

Case brief

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