Manoj Kumar and 5 Others Vs State of U.P. and 2 Others

Neutral Citation No. - 2023:AHC:195419-DB

Court No. - 67

Case :- CRIMINAL MISC. WRIT PETITION No. - 15877 of 2023

Petitioner :- Manoj Kumar And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Shankar Kaithal Counsel for Respondent :- G.A.

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Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

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Heard learned counsel for the petitioners, learned A.G.A. appearing for the State-respondents and perused the record.

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The petitioners, by means of this writ petition under Article 226 of the Constitution of India, have invoked the inherent jurisdiction of this Court with prayer to quash the impugned First Information Report dated 16.8.2023 registered as Case Crime No. 552 of 2023, under Section 498-A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Kotwali Chhibramau, District Kannauj.

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Upon hearing learned counsel for the parties and upon a perusal of the record, we are of the considered opinion that the cognizable offence is made out against the petitioners and there is no occasion or reason to quash the FIR in exercise of power conferred under Article 226 of the Constitution of India.

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Accordingly, the prayer for quashing the FIR is declined and refused.

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However, it is open for the petitioners, if so advised, they shall move proper anticipatory bail application before the appropriate forum, within ten days from today.

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It is also made clear that the Court is not expressing any opinion on the merits of the case. The court concerned is expected to apply its robust and judicial discretion in deciding the anticipatory bail application as early as possible.

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With the above observation, the writ petition is disposed of .

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Order Date :- 10.10.2023 M. Tarik

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Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad

Manoj Kumar and 5 Others v. State of U.P. and 2 Others

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Manoj Kumar and 5 Others v. State of U.P. and 2 Others

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