Smt. Rekha Devi and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Others

Allahabad HC26 Feb 2024CRLP/1300/2024

Case brief

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What is this about?

The High Court issued an order in a criminal miscellaneous writ petition seeking quashing of an FIR alleging offences under Sections 306 and 506 IPC. The court requested exchange of pleadings and noted the petitioner is sheltered from arrest unless sufficient evidence emerges, citing Supreme Court law on dowry death cases where the wife lived separately.

What the court decided

AI extract

Smt. Rekha Devi and Others vs State of U.P… — Murder and Culpable Homicide | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1300 of 2024 Petitioner :- Smt. Rekha Devi And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Others

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Counsel for Petitioner :- Ashutosh Kumar,Vijay Vikram Singh 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 07.02.2024 bearing Case Crime No.56/2024 alleging commission of offence under Sections-306, 506 I.P.C. lodged with Police Station-Talgaon, District-Sitapur.

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Let notice be issued to opposite party no.3.

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Pleadings be exchanged between the parties within eight weeks.

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List thereafter.

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Considering the contention of learned counsel for the petitioner that in the F.I.R. itself which has been lodged by father of the deceased-husband wherein it is mentioned that petitioner no.1wife has been living separately for the past five years, based on a bare reading of the F.I.R. no offence under Section 306 I.P.C. is made out in view of the law declared by Hon'ble the Supreme Court in 'Ude Singh and others vs State of Haryana' (2019) 17 SCC 301 and also that other family members of the wife have also been roped in only to harass them, 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 :- 26.2.2024 / Shanu/-

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

Smt. Rekha Devi and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Others

Case brief

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What the court decided

Smt. Rekha Devi and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Others

Case brief

What is this about?

What the court decided

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