Dismissed

Kiran and 3 Others v. State of U.P. and 3 Others

Allahabad HC7 Oct 2021CRLP/8197/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition praying for quashing of an F.I.R. under Sections 498-A, 323, 504, 328 IPC and Section 3/4 Dowry Prohibition Act. Held that prima facie commission of cognizable offence was made out, thus no case for interference under Bhajan Lal guidelines. Petition dismissed.

What did the court decide?

Writ of certiorari to quash F.I.R. and writ of mandamus restraining arrest/harassment dismissed.

Kiran and 3 Others Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2021)

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8197 of 2021

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Petitioner :- Kiran And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aditya Vardhan Singh Counsel for Respondent :- G.A.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.

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Heard learned counsel for the petitioners and the learned A.G.A.

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This writ petition has been filed praying for the following main relief:

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"1. Issue a writ, order or direction in the nature of certiorari to quash the impugned First Information Report dated 20.6.2021 registered against petitioners as Case Crime No. 0108 of 2021 under Sections 498-A, 323, 504, 328 IPC and Section 3/4 Dowry Prohibition Act, P.S. Shergarh, District Bareilly.

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2. Issue a writ, order or direction in the nature of mandamus commanding and restraining to the respondents from harassing/arresting to the petitioners in pursuance of impugned First Information Report dated 20.6.2021."

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Perusal of the impugned first information report prima facie reveals commission of cognizable offence. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 , no case has been made out for interference with the impugned first information report.

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Therefore, the writ petition is dismissed leaving it open for the petitioners to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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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 :- 7.10.2021 Jaswant

Kiran and 3 Others v. State of U.P. and 3 Others

Case brief

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What did the court decide?

Kiran and 3 Others v. State of U.P. and 3 Others

Case brief

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