Disposed

Ramesh Prakash Alias Ramesh and Others v. State of U.P. Thru. Secy. Home Lko. and Others

Allahabad HC19 Jan 2024CRLP/417/2024

Case brief

AI extract

What is this about?

Single bench order on Crl. W.P. No. 417 of 2024 regarding quashing of an FIR alleging 498A IPC and dowry offences. The court issued interim stay on arrest, allowing petitioners to cooperate in investigation.

What did the court decide?

Interim order passed: Petitioners shall not be arrested in the criminal case unless sufficient and cogent evidence is available against them. They are directed to cooperate in investigation and record

Ramesh Prakash Alias Ramesh and Others vs State of U.P… — Dowry and Cruelty | Allahabad HC (2024)

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 417 of 2024

¶3

Petitioner :- Ramesh Prakash Alias Ramesh And Others Respondent :- State Of U.P. Thru. Secy. Home Lko. And Others

¶4

Counsel for Petitioner :- Ankit Dubey Counsel for Respondent :- G.A.

¶5

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

¶6

Heard learned counsel for the petitioners and learned Additional Government Advocate for the State.

¶7

By means of this petition, the petitioner have sought quashing of First Information Report dated 14.11.2023 bearing Case Crime No.0455/2023 alleging commission of offence under Sections-498A, 323, 504 I.P.C. and Sections-3/4 of the Dowry Prohibition Act, 1961 lodged with Police Station-Satrikh, District-Barabanki.

¶8

Petitioners are father-in-law, mother-in-law, Dewar and Nanad of the informant/ victim. Her husband is not before us.

¶9

Let notice be issued to opposite party no.4.

¶10

Pleadings be exchanged between the parties within eight weeks.

¶11

List thereafter.

¶12

Considering the submission of learned counsel for the petitioners that on 09.05.2022 itself, the petitioner no.1 i.e. father-in-law had informed the District Magistrate that he was disowning his son and daugther-in-law who shall not be entitled to any right in his property on account of their anti-social activity and that ever since then, the petitioners are residing separately and in fact, fed up by the activity of the informant who as per her husband had some relationship elsewhere, the son i.e. the husband of the informant is also residing separately and now the F.I.R. has been lodged on 14.11.2023 falsely implicating the petitioners and the allegations therein against them are only of general in nature, therefore, we provide that petitioners shall not be arrested in the aforesaid criminal case unless there is sufficient and cogent evidence available against them indicating commission of criminal offence as alleged in the impugned First Information Report. However, they shall

¶13

cooperate in the investigation and get their statements recorded before the Investigating Officer as and when called and if they do not do so then it can be made a ground for seeking vacation of this interim order.

¶14

(Narendra Kumar Johari,J.) (Rajan Roy,J.)

¶15

Order Date :- 19.1.2024 Shanu/-

¶16

Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench

Ramesh Prakash Alias Ramesh and Others v. State of U.P. Thru. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Ramesh Prakash Alias Ramesh and Others v. State of U.P. Thru. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mohd. Hasnain Kamal vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Secrt. Lko. and Others

Arti Rawat and Another vs State of U.P. Thru. Secy. Home U.P. Lko. and Others

Smt. Snehlata and Another vs State of U.P. Thru. Prin. Secy. Home Affairs Govt. Lko. and Others

Ashish Kumar Soni vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Ali Jan vs State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Chheddu and Others vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Civil Sectt. Lko. and Others