Disposed

Vinod Kumar Gupta and Others v. State of U.P. Thru. Secy. Home Sachivalaya Lko. and Others

Allahabad HC20 Feb 2024CRLP/1185/2024

Case brief

AI extract

What is this about?

The High Court at Lucknow issued an interim order in a criminal miscellaneous writ petition. It directed that petitioners, who are distant relatives of the husband involved in divorce proceedings, should not be arrested in the related criminal case unless sufficient and cogent evidence of offence emerges, provided they cooperate with the investigation. Notices were issued to the respondent, and pl

What did the court decide?

Direction that petitioners are not to be arrested unless sufficient and cogent evidence of offence is available, subject to cooperation in investigation.

Vinod Kumar Gupta and Others vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1185 of 2024 Petitioner :- Vinod Kumar Gupta And Others Respondent :- State Of U.P. Thru. Secy. Home Sachivalaya Lko. And Others

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Counsel for Petitioner :- Ashok Sinha Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioners and learned Additional Government Advocate for the State.

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By means of this petition, the petitioners have sought quashing of First Information Report dated 30.01.2024 bearing Case Crime No.0033/2024 alleging commission of offence under Sections-498A, 323, 506 I.P.C. & Sections-3/4 of Dowry Prohibition Act lodged with Police Station-Paliya DistrictKheri .

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Let notice be issued to opposite party nos.3 and 4.

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Pleadings be exchanged between the parties within eight weeks. List thereafter.

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Considering the contention of learned counsel for the petitioners that all the petitioners are distant relatives- petitioner no.1 is Mausa, petitioner no.2 is his son, petitioner no.3 is the maternal uncle (Mama), petitioner no.4 is wife of petitioner no.3 and petitioner no.5 is son of petitioner no.3 and all of them live separately, some of them live outside Lucknow and the impugned F.I.R. dated 30.01.2024 is merely an attempt to harass all the family members of the husband on account of latter having filed a suit for divorce on 23.01.2024, it is provided that the petitioners shall not be arrested in the aforesaid criminal case unless there is sufficient and cogent evidence available against them indicating commission of criminal offence as alleged in the impugned First Information Report. However, they shall cooperate in the investigation and get their statements recorded before the Investigating Officer as and when called and if they do not do so then it can be made a ground for seeking vacation of this interim order.

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(Narendra Kumar Johari,J.) (Rajan Roy,J.)

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Order Date :- 20.2.2024 / Shanu/-

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Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench

Vinod Kumar Gupta and Others v. State of U.P. Thru. Secy. Home Sachivalaya Lko. and Others

Case brief

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Vinod Kumar Gupta and Others v. State of U.P. Thru. Secy. Home Sachivalaya Lko. and Others

Case brief

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