Partly allowed

Binte Zehra and 3 Others v. State of U.P. and 3 Others

Allahabad HC12 Oct 2020CRLP/9364/2020

Case brief

AI extract

What is this about?

This court refused to quash the FIR but directed that the petitioners shall not be arrested until the police submits its report under Section 173(2) Cr.P.C., subject to their cooperation with the investigation.

What did the court decide?

Prayer for quashing refused; prayer for non-arrest granted subject to investigation and submission of police report under Section 173(2) Cr.P.C. and cooperation.

Binte Zehra and 3 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9364 of 2020

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Petitioner :- Binte Zehra And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Zakir Counsel for Respondent :- G.A.

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

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Heard Sri Mohammad Zakir, learned counsel for the petitioners and 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 petitioners, with a further prayer for quashing the impugned FIR dated 1.2.2020, registered as Case Crime No.0023/2020, under Sections 392/420/504/506 IPC, P.S. Mahila Thana, Aligarh.

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Learned counsel for the petitioners submits that initially petitioner no.1 lodged an FIR against her husband and other family members as Case Crime No.0028/2019, under Sections 498-A/323/504/506 IPC and 3/4 of the D.P. Act, P.S. Mahila Thana, Bulandshahar and in retaliation thereto the instant FIR has been lodged only with a view to harass the petitioners to come to terms, 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 petitioners 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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With this direction, this petition is finally disposed of.

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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 / s alongwith a

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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 :- 12.10.2020 Chandra

Binte Zehra and 3 Others v. State of U.P. and 3 Others

Case brief

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Binte Zehra and 3 Others v. State of U.P. and 3 Others

Case brief

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