Partly allowed

Mohd. Shueb and Another v. State of U.P. Thru. Secy. Home Lko. and Others

Allahabad HC18 Oct 2024CRLP/1602/2024

Case brief

AI extract

What is this about?

The Court heard a writ petition seeking quashing of an FIR. Having found a prima facie case for interim relief, the Court stayed the arrest of the petitioner, ordered investigation cooperation, and listed the case for further proceedings.

What did the court decide?

Stay of arrest of Petitioner No.1; Notice to Respondent No.4; Counter affidavit to be filed within four weeks.

Mohd. Shueb and Another Vs State of U.P. Thru. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1602 of 2024

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Petitioner :- Mohd. Shueb And Another Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others Counsel for Petitioner :- Rizwanul Haque Ansari,Mohd Javed,Santi

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Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.

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1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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2. The instant writ petition has been filed by the petitioners with the following main relief:-

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"i. issue a writ, order or direction in the nature of Certiorari, quashing the impugned F.I.R. dated 29.01.2024 registered with police station- Madiyaon, District- Lucknow at Case Crime No. 49/2024, U/s- 366 IPC, Contained as Annexure No. 1 to this petition"

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3. It has been argued by learned counsel for the petitioners that both the petitioners are major, who, on their own volition and free will have got married with each other in accordance with Hindu rites and rituals. However, since this marriage is not being accepted by the family members of the petitioner no.2, hence, the impugned First Information Report has been lodged. The petitioners have also filed their nikahnama as annexure No.2 to the petition

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4. Considering the aforesaid facts and circumstances of the case, prima facie , a case for interim relief is made out.

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5. Since learned A.G.A. has put in appearance on behalf of respondents no.1 to 3, hence no fresh notices need to be issued to them.

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6. Issue notice to respondent no. 4 returnable at an early date.

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7. Steps be taken within a week.

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8. Let a counter affidavit be filed within four weeks.

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9. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

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10. List this case on 25.04.2024.

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11. Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., if any, before the competent Court, whichever is earlier, the arrest of the petitioner No.1 in pursuance of the impugned F.I.R. shall remain stayed of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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12. In the meantime, the Investigating Officer shall also produce the petitioner No.2 before the Magistrate concerned for recording her statement under Section 164 Cr.P.C. as expeditiously as possible.

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Order Date :- 7.3.2024 cks/-

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Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Shueb and Another v. State of U.P. Thru. Secy. Home Lko. and Others

Case brief

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Mohd. Shueb and Another v. State of U.P. Thru. Secy. Home Lko. and Others

Case brief

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