Disposed

Ashutosh Tiwari and 7 Others v. State of U.P. and 2 Others

Allahabad HC29 Nov 2022CRLP/6493/2022

Case brief

AI extract

What is this about?

The Court disposed of a criminal writ petition seeking quashing of an FIR as matrimonial. Due to petitioner's non-compliance with a mediation order, the notice was vacated and the petition disposed of with reference to Vimal Kumar guidelines on anticipatory bail applicability.

What did the court decide?

The interim order dated 6.7.2022 stands discharged; the instant petition stands disposed of in terms of Vimal Kumar (supra).

Ashutosh Tiwari and 7 Others Vs… — Constitutional and Fundamental Rights | Allahabad HC (2022)

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Court No. - 47

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6493 of 2022

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Petitioner :- Ashutosh Tiwari And 7 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jai Prakash Singh Counsel for Respondent :- G.A.,Kiran Rani,Laloo Yadav,Parvez Alam

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioners; Sri Laloo Yadav, learned counsel for the informant and the learned A.G.A.

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This writ petition has been filed praying for the following reliefs:

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"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 25.1.2022 registered as Case Crime No. 34 of 2022, under Sections 498A, 427, 506 IPC and 3/4 D.P.Act, Police Station- Shivpur, District- Varuna (Commissionerate Varanasi) (Annexure No. 1 to this writ petition).

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(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest or harass the petitioners in pursuance of impugned First Information Report."

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This Court has entertained the writ petition on 6.7.2022 and the matter was referred for mediation to the Mediation Centre of this Court as it has been informed that the dispute is matrimonial in nature.

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In response to the aforesaid order, Joint Registrar/In-charge, AHCMCC submitted report dated 3.9.2022 indicating therein petitioners have not complied with the order with regard to deposit of money till 2.9.2022 and thus notices could not be issued to the parties by the Mediation Centre.

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Learned counsel for the informant raised an objection once the interim order dated 6.7.2022 is not complied by the petitioners, the same is liable to be vacated.

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Confronted with this situation, learned counsel for the petitioners fairly states that on account of financial crunch, the requisite amount could not be deposited in compliance of the order dated 6.7.2022.

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Further submission is that all alleged offences are punishable

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with imprisonment of seven years, therefore the police authorities are bound to follow the procedure laid down under Section 41-A Cr.P.C. 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 which guidelines have been framed following the judgement of the Apex Court in different cases, relating to offences providing punishment of seven years or less.

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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 stands disposed of in terms of Vimal Kumar (supra) . Interim order dated 6.7.2022 stands discharged.

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Order Date :- 29.11.2022 A.K.Srivastava

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Digitally signed by ARUN KUMAR SRIVASTAVA Date: 2022.12.02 10:58:41 IST Reason: Location: High Court of Judicature at Allahabad

Ashutosh Tiwari and 7 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ashutosh Tiwari and 7 Others v. State of U.P. and 2 Others

Case brief

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