Partly allowed

Nauman Ahmad Khan and 2 Others v. State of U.P. and 2 Others

Allahabad HC9 Jul 2021CRLP/3071/2021

Case brief

AI extract

What is this about?

The High Court disposed of a criminal miscellaneous writ petition seeking quashing of an FIR and stay on coercive action. Applying guidelines from a coordinate bench in Vimal Kumar and 3 others vs. State of UP, the court granted a ten-day stay on coercive action against petitioners Nos. 2 and 3.

What did the court decide?

Stay on coercive action against petitioners Nos. 2 and 3 for a period of ten days; petition disposed of with application of Vimal Kumar guidelines.

Nauman Ahmad Khan and 2 Others Vs… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3071 of 2021

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Petitioner :- Nauman Ahmad Khan And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shahzad Alam,Mohd. Parvez Alam Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.

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Sri Shahzad Alam, learned counsel for the petitioners states that so far as the petitioner No.1 is concerned, the writ petition has become infructuous as the petitioner No.1 has been arrested.

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Learned counsel for the petitioners submits that petitioners No.2 and 3 are pressing this writ petition for the relief sought.

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The instant petition has been filed by the petitioners with the following prayers :-

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"Issue a writ, order or direction in the nature of certiorari to call for the record of the case and to quash the First Information Report dated 23.02.2021 in Case Crime No.0028 of 2021, under Sections 498A, 323, 504 of the Indian Penal Code and Section 3/4 Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Right on Marriage) Act, 2019, P.S. Mahila Thana, District Saharanpur.

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Issue a writ, order or direction in the nature of mandamus commanding the respondents not to take any coercive action against the petitioner including their arrest in pursuance of the impugned First Information Report dated 23.02.2021 in Case Crime No.0028 of 2021, under Sections 498A, 323, 504 of the Indian Penal Code and Section 3/4 Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Right on Marriage) Act, 2019, P.S. Mahila Thana, District Saharanpur."

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The submission is that all alleged offences are punishable with imprisonment of less than seven years, therefore the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. The petitioners have been wrongly implicated and could not be arrested. Learned counsel for the petitioners has placed reliance on the judgement of this Court dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of UP and 3 others . In the said judgement, a coordinate Bench in which one of us (Hon'ble Gautam Chowdhary, J.) was a member, has framed various guidelines to be followed during investigation of offence under Section 498A IPC. These guidelines have been framed following the judgement of the Apex Court in different cases.

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We have gone through the impugned first information report and we are of the opinion that the guidelines framed by this Court in the above noted judgement are equally applicable to the facts of the instant case.

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Accordingly, the instant petition also stands disposed of in terms of judgement dated 28.01.2021 in Criminal Misc. Writ Petition No.17732 of 2020 Vimal Kumar and 3 others vs. State of UP and 3 others.

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For a period of ten days, no coercive action shall be taken against the petitioner Nos.2 and 3, who are stated to be Nanad and Dewar of the respondent No.3.

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Order Date :- 9.7.2021 NLY

Nauman Ahmad Khan and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Nauman Ahmad Khan and 2 Others 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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