Awadhesh v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and Others

Allahabad HC2 Jul 2024CRLP/198/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR under Sections 498-A and 304-B IPC and Dowry Prohibition Act against a father-in-law. Court issued notice and interim protection: no arrest absent sufficient credible evidence, subject to cooperation in investigation.

What did the court decide?

Interim protection: petitioner not to be arrested unless sufficient and credible evidence exists; to cooperate in investigation.

Awadhesh vs State of U.P Thru. Secy. Home Deptt. Civil… — Dowry and Cruelty | Allahabad HC (2024)

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 198 of 2024

¶3

Petitioner :- Awadhesh Respondent :- State Of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. And Others Counsel for Petitioner :- Mukesh Kumar Shukla Counsel for Respondent :- G.A.

¶4

Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

¶5

Heard

¶6

This writ petition has been filed seeking following reliefs:-

¶7

(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned First Information Report dated 15.9.2023 lodged in Case Crime No. 0417 of 2023 Under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act Police Station- Asandara, District- Barabanki contained in Annexure No.1 to this writ petition.

¶8

(ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties not to arrest the petitioner in pursuance of the impugned First Information Report dated 15.9.2023 lodged in Case Crime No. 0417 of 2023 Under Sections 498-A,304-B I.P.C. and Section 3/4 Dowry Prohibition Act Police Station-Asandara, DistrictBarabanki contained in Annexure No.1 to this writ petition..

¶9

The contention of the learned counsel for the petitioner is that the petitioner is father- in-law of the deceases and is living separately. Therefore, no offence is made out against the petitioner in the F.I.R.

¶10

Learned A.G.A. received instruction. According to him, in the inquest report an old injury mark was there. Apart from it no other injuries were found, though in the post mortem report two contusions were mentioned on the right side of the neck and left elbow. Cause of death has not been ascertained as yet.

¶11

According to Sri S.P. Singh, learned A.G.A., viscera has been preserved and legal expert opinion from the State Medical Council has been sought as to cause of death.

¶12

Let notice be issued to opposite party no.4

¶13

Let the pleadings be exchanged within eight weeks.

¶14

List thereafter.

¶15

Considering the submissions made, it is provided that the petitioner shall not be arrested on the basis of the impugned First Information Report, unless there is sufficient and credible evidence available against him. The petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when he is called. If he does not do so then it can be made a ground for seeking vacation of this interim order. Benefit of this order shall not be available to the husband whose case can be considered independently and objectively, if the occasion so arise.

¶16

(Narendra Kumar Johari,J.) (Rajan Roy,J.) Order Date :- 24.1.2024 Anuj Singh

¶17

Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Awadhesh v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Awadhesh v. State of U.P Thru. Secy. Home Deptt. Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Sajan @ Sajan Kashyap vs State of U.P. Thru Prin.Secy. Home Lko and Ors.

Akhilesh and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Prince and Another vs State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Deptt. Civil Sectt. Lko and Others

Shifa and 2 Others vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 3 Others

Siddhi Singh and Another vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Adil Khan and Another vs State of U.P. Thru. Addl. Chief Secy. Home Govt. of U.P. Lko. and Others