Disposed

Smt. Mohini and Another v. State of Up and 3 Others

Allahabad HC22 Sept 2021CRLP/3716/2021

Case brief

AI extract

What is this about?

Petitioners sought quashing of an FIR under Section 366 IPC alleging false implication and illegal detention. The court directed police to submit a report under Section 173(2) Cr.P.C. and stay arrest, while rejecting illegal detention claims.

What did the court decide?

Directing investigating officer to submit police report under Section 173(2) Cr.P.C. within shortest time and stay of arrest pending such report.

Smt. Mohini and Another Vs State of Up and 3 Others — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 44 Case :- CRIMINAL MISC. WRIT PETITION No. - 3716 of 2021 Petitioner :- Smt. Mohini And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rajeev Upadhyay,Sajiya Parveen Counsel for Respondent :- G.A.,Shashi Dhar Pandey,Umesh Kumar

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Short-counter affidavit shall be filed in the Office and the same be uploaded.

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Heard learned counsel for the petitioners and perused the record.

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By means of the present petition, the petitioners herein seek for quashing of the first information report 04.04.2021 registered as Case Crime No.142 of 2021 under Section 366 IPC, P.S.Jaithara, District- Etah.

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It is sought to be submitted that the victim girl has not supported the case of the prosecution in her statement recorded under Section 164 of Cr.P.C., however, the investigating officer under pressure and in connivance with the complainant is harassing the petitioners.

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It is then contended that the petitioner no.1 has been illegally detained by the complainant/respondent no.4 though she is willing to go with the petitioner no.2 with whom she has performed her marriage out of her own sweet will.

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Considering the above, we direct the investigating officer to conclude the investigation by submission of a police report under Section 173(2) Cr.P.C. within the shortest possible time.

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Till submission of such a report, the petitioners shall not be arrested provided they co-operate. In case of any effort of the petitioners to stall or delay the investigation, it would be open for the investigating officer to take appropriate steps to bring the investigation to its logical conclusion.

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As regards the allegations of illegal detention of the petitioner no.1 by the complainant/respondent no.4, the present writ petition is not the appropriate remedy. It is open for the petitioner to take recourse to the appropriate remedy available by law.

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In view of the above, the present writ petition is disposed of .

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Order Date :- 22.9.2021/P Kesari

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Digitally signed by SUNITA Digitally signed by Sadhna Rani AGARWAL Thakur Date: 2021.09.23 17:25:16 IST Date: 2021.09.23 17:26:04 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Smt. Mohini and Another v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Mohini and Another v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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