Disposed

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

Allahabad HC4 Dec 2024CRLP/4088/2024

Case brief

AI extract

What is this about?

Court granted interim order preventing arrest of petitioners in a matrimonial dispute FIR alleging kidnapping and cheating during pendency of quashing petition, directing notice to respondent and exchange of pleadings.

What did the court decide?

Interim order preventing arrest of petitioners under the impugned FIR until sufficient and cogent evidence is available against them.

Shifa and 2 Others Vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4088 of 2024

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Petitioner :- Shifa And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others Counsel for Petitioner :- Ajay Vikram 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 A.G.A. for the State/respondents and perused the record.

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By means of this petition, the petitioners have sought quashing of First Information Report dated 09.04.2024, bearing Case Crime/F.I.R. No.0149/2024, under Sections 363, 366, 504, 506 I.P.C., Police Station - Gosaiganj, District - Sultanpur.

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Learned counsel for the petitioners submits that petitioners belong to Muslim community. As per Family Register petitioner No.1 was born in the year 2006, therefore, she is more than 18 years of age. Petitioner No.1 and Petitioner No.2 claim to have married each other of their own volition. They have also annexed Nikahnama in support of their claim. Learned counsel for the petitioners submits that the police is harassing the petitioners at the behest of informant.

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Issue notice to Respondent No. 4.

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Let the pleadings be exchanged within four weeks.

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List thereafter.

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In view of the above, it is provided that till the next date of listing petitioner Nos. 2 & 3 - Rehan Mohammad Soharab Ansari (In FIR Ramzan Ali) and Nasreen Bano, shall not be arrested in pursuance to the impugned First Information Report dated 09.04.2024, bearing Case Crime/F.I.R. No.0149/2024, under Sections 363, 366, 504, 506 I.P.C., Police Station Gosaiganj, District Sultanpur, unless and until there is sufficient and cogent evidence available against them regarding

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commission of the offence. They shall get their statement recorded before the Police as and when they are called. If they do not do so, then it can be made a ground for seeking vacation of this interim order.

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

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Order Date :- 2.7.2024

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ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

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