Remanded

Vishal Gupta and Another v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. U.P. Lko. and Others

Allahabad HC24 Apr 2024CRLP/2910/2024

Case brief

AI extract

What is this about?

The High Court dismissed the petitioners' plea for an interim stay against arrest in a writ petition to quash an FIR under Section 366 IPC, while noting the girl petitioner is a major adult and listing the case for further proceedings after notice. The bench directed the issuance of notice, exchange of pleadings, and issuance of an interim order preventing pete

What did the court decide?

Interim direction preventing arrest of petitioners from the FIR date; notice issued; pleadings exchanged; case listed after four weeks.

Vishal Gupta and Another vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2910 of 2024

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Petitioner :- Vishal Gupta And Another Respondent :- State Of U.P. Thru. Secy. Home Deptt. Civil Sectt. U.P. Lko. And Others Counsel for Petitioner :- Suresh Sharma Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioners, learned AGA for the State-respondent and perused the record.

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The petitioners seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 16.04.2024 bearing Case Crime No.0232 of 2024 under Section 366 IPC, Police Station- Kotwali, District- Unnao.

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Submission of learned counsel for the petitioner is that petitioner No.1 is innocent and he has falsely been implicated in the case. The girl (petitioner No.2) is major. As per High School Certificate -cum- Marksheet her date of birth is 08.05.1991, and even, as per FIR her age is 25 years. She is living with her choice separately. Both the petitioners have applied for marriage under the Special Marriage Act, 1954, which is pending as per the procedure requires.

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A case for consideration is made out.

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Issue notice to opposite party no. 4.

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Let the pleadings be exchanged within four weeks.

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List this case after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, petitioners shall not be arrested in pursuance to the First Information Report dated 16.04.2024 bearing Case Crime No.0232 of 2024 under Section 366 IPC, Police Station- Kotwali, District- Unnao. . The petitioners shall, however, cooperate in the investigation and get their statements

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recorded before the Investigating Officer as and when they are called. Petitioner No.2 (girl petitioner) shall also record her statement under Section 164 Cr.P.C. If they do not do so then it can be a ground for seeking vacation of this inter interim order.

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(Narendra Kumar Johari,J) (Vivek Chaudhary,J)

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Order Date :- 24.4.2024 Reena/-

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Vishal Gupta and Another v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. U.P. Lko. and Others

Case brief

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Vishal Gupta and Another v. State of U.P. Thru. Secy. Home Deptt. Civil Sectt. U.P. Lko. and Others

Case brief

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