Disposed

Dashrath Yadav v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Allahabad HC25 Jun 2024CRLP/4402/2024

Case brief

AI extract

What is this about?

High Court granted stay on petitioner's arrest pending investigation and restraining orders, while allowing counter-affidavit to be filed. Writ petition to quash criminal case and stay arrest is to be listed thereafter.

What did the court decide?

Arrest of petitioner stayed pending investigation; notices issued to opposite party no.4; time granted for counter affidavit.

Dashrath Yadav vs State of U.P. Thru. Prin… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4402 of 2024

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Petitioner :- Dashrath Yadav

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Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Others

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Counsel for Petitioner :- Farooq Ayoob,Km. Pooja Tiwari Counsel for Respondent :- G.A.

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Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J.

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Heard Km. Pooja Tiwari, learned counsel for the petitioner and learned AGA for State-respondents.

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By means of this writ petition, the petitioner has assailed quashing of Case Crime No.210 of 2024 registered under Sections 366, 376 IPC and Sections 3(2)(V) of the SC/ST Act at police station Dariyabad, District Barabanki and with a further prayer to stay the arrest of the petitioner.

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The impugned FIR clearly indicates that there has been a consensual relationship of the informant/ victim with the petitioner for nearly two-three years. It appears that some understanding between the parties for entering into a relationship of marriage does not seem to have materialized. Consequently, the FIR has come to be lodged. The same version can be gathered from the statement recorded under Section 164 Cr.P.C. and improvements made in her statement recorded under Section 164 Cr.P.C. appears to us to be nothing but a belated attempt to somehow implicate the petitioner, particularly when the first informant has herself lodged the FIR being above the age of 18 years.

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The matter requires consideration.

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Let notices be issued to opposite party no.4.

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Learned AGA prays for and is granted three weeks' time to file counter affidavit, to which rejoinder affidavit, if any, may be filed within a week thereafter.

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7. List thereafter .

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Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., if any, before the competent Court, whichever is earlier, the arrest of the petitioner in pursuance of the impugned F.I.R. shall remain stayed, of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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(Ajai Kumar Srivastava-I, J.) (Attau Rahman Masoodi, J.)

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Order Date :- 25.6.2024 Arnima

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

Dashrath Yadav v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

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Dashrath Yadav v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

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