The court issued notice to the opposite party for consideration of the petition seeking quashing of an FIR. It stayed arrest of petitioners until sufficient evidence surfaces.
Notice issued; stay on arrest pending further evidence and investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 2853 of 2024 Petitioner :- Sandeep And 5 Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Gulam Mustafa Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.
Supplementary Affidavit filed today is taken on record.
By means of this petition, the petitioners have sought quashing of F.I.R. dated 24.02.2024 bearing Case Crime No.0050 of 2024 for the offence under Sections 376,504,506 I.P.C. registered at Police Station Ajgain, District Unnao.
Learned counsel for petitioners submits that though the marriage was fixed between the petitioner no.1 and respondent no.4 but later on the petitioners came to know that opposite party no.4 has filed an FIR with regard to rape upon her way back in the year 2017 and hence the petitioners were not agreed for the said marriage and for the said reason the present false FIR has been lodged against the petitioners. The statement of opposite party no.4 under Section 164 Cr.P.C. is not recorded till date.
Case for consideration is made out.
Issue notice to opposite party no. 4 through the opposite party no.3, returnable at an early date.
List this case on 22.5.2024.
In view of the above, till the next date of listing, it is provided that petitioners shall not be arrested in the aforesaid case crime number unless and until there is sufficient and credible evidence available against them indicating the commission of offence as alleged in the F.I.R. However, petitioners shall appear before the investigating officer as and when they are called to get their statements recorded. Thereafter, investigation shall be taken to its logical conclusion.
(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)
Order Date :- 25.4.2024 Arjun/-
Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the investigation in the case needs to be stopped?
Sandeep And 5 Others
State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others
Vivek Chaudhary
Narendra Kumar Johari
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
