Disposed

Shravan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC11 Mar 2024CRLP/1715/2024

Case brief

AI extract

What is this about?

Cr. Misc. Writ Petition seeking quashing of FIR based on alleged concealment of prior marriage. Court issued notice but refused to quash, granting interim protection from arrest pending sufficient evidence.

What did the court decide?

Notice issued to opposite party; Court provided that the petitioner shall not be arrested unless sufficient and cogent evidence is available against him.

Shravan Kumar vs State of U.P. Thru. Prin. Secy… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1715 of 2024

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Petitioner :- Shravan Kumar

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Adarsh Kumar Maurya,Ajay Kumar Shukla,Alka Rani,Anuradha Kushwaha Counsel for Respondent :- G.A.

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Hon'ble Rajan Roy,J. Hon'ble Rajeev Singh,J.

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Heard learned counsel for the petitioner and learned A.G.A. for the State.

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The petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0005 of 2024, under Sections 498-A, 504, 506 IPC and Section 3/4 DP Act, Police Station- Mahila Thana, District- Ambedkar Nagar.

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The contention of the petitioner's counsel is that once the petitioner- husband came to know that the opposite party no. 4 was already married but had concealed the said fact and once the petitioner confronted the opposite party no. 4- informant, then, being peeved by the same and out of malice the impugned F.I.r. has been lodged on 01.02.2024, although, the marriage was solemnized in 2020 and this has been done only to harass the petitioner, therefore, the F.I.R. is required to be quashed.

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Issue notice to the opposite party no. 4.

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Let counter affidavit be filed by opposite parties within a period of six weeks.

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Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

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List thereafter.

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Considering the contention of the petitioner's counsel that once the petitioner- husband came to know that the opposite party no. 4 was already married but had concealed the said fact and once the petitioner confronted the opposite party no. 4- informant, then, being peeved by the same and out of malice the impugned F.I.r. has been lodged on 01.02.2024, although, the marriage was solemnized in 2020 and this has been done only to harass the petitioner, it is provided that petitioner shall not be arrested in Case Crime No. 0005 of 2024, under Sections 498-A, 504, 506 IPC and Section 3/4 DP Act, Police Station- Mahila Thana,

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District- Ambedkar Nagar, unless there is sufficient and cogent evidence available against the petitioner indicating commission of any offence by him as alleged in the impugned FIR.

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The investigation shall go on.

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The petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when he is called.

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(Rajeev Singh,J.) (Rajan Roy,J.)

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Order Date :- 11.3.2024 R.K.P.

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Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench

Shravan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Shravan Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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What did the court decide?

What the court decided

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