This court disposed of a writ petition seeking an order to arrest accused persons and record a statement without expressing any opinion on the merits of the case.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 6275 of 2021
Petitioner :- Rakesh Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Akhil Tripathi Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed praying for the following reliefs:
"i) issue a writ, order or direction in the nature of mandamus directing the respondent no. 4 to arrest the respondent no. 6 & 7 in pursuance of the F.I.R. dated 10.5.2021 lodged by the petitioner in Case Crime No. 0307 of 2021, under Sections 498A, 304B I.P.C. & 3/4 Dowry Prohibition Act, P.S. Kotwali Kannauj, District Kannauj.
ii) issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to record the statement of petitioner/complainant under Section 161 Cr.P.C."
At the very outset, learned A.G.A. on the basis of instructions apprised to the Court that the charge-sheet has already been submitted qua to the respondent no. 5, as such, no interference is required.
The writ petition is accordingly disposed off in terms of the aforesaid instruction.
Learned AGA may file counter-affidavit in the Registry. It is made clear that we have not expressed any opinion on merits of the case of the petitioner.
Order Date :- 27.8.2021 A.K.Srivastava
Rakesh Kumar
State Of U.P.
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
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