Disposed

Mohd. Asgar (in the Fir Asgar Abbas) and Others v. State of U.P. Thru. Addl. Chief Secy. Prin. Secy. Civil Sectt. Lko. and Others

Allahabad HC23 Jan 2024CRLP/503/2024

Case brief

AI extract

What is this about?

This interim order grants a stay on arrest for petitioners in a FIR alleging offences under Sections 366, 504, and 506 IPC. It mandates cooperation with investigation and directs notice to the informant.

What did the court decide?

Interim stay on arrest; notice to informant; conditional order for cooperation with investigation.

Mohd. Asgar (in the Fir Asgar Abbas) and Others vs State… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 503 of 2024 Petitioner :- Mohd. Asgar (In The Fir Asgar Abbas) And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Civil Sectt. Lko. And Others

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Counsel for Petitioner :- Anjani Kumar Mishra,Harsh Vardhan Kediya Counsel for Respondent :- G.A. Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

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Short counter affidavit filed on behalf of opposite party no.5 is taken on record.

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

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By means of this petition, the petitioners have sought quashing of First Information Report dated 17.12.2023 bearing Case Crime No.758/2023 alleging commission of offence under Sections-366, 504, 506 I.P.C. lodged with Police Station-Pihani, District-Hardoi.

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Let notice be issued to opposite party no.4-the Informant.

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List thereafter.

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Opposite party no.5 has put in appearance through Sri Wali Nawaz Khan, Advocate who has filed short counter affidavit sworn by her, according to which, she has married petitioner no.1 of her own free will after attaining the marriageable age on 16.12.2023 as per islamic rites and rituals and is residing with him. Based on the aforesaid, it is submitted that no offence as alleged is made out. The F.I.R. dated 17.12.2023 is liable to be quashed.

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Considering the aforesaid, it is provided that the 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 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.

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

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Order Date :- 23.1.2024/Shanu/-

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

Mohd. Asgar (in the Fir Asgar Abbas) and Others v. State of U.P. Thru. Addl. Chief Secy. Prin. Secy. Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Mohd. Asgar (in the Fir Asgar Abbas) and Others v. State of U.P. Thru. Addl. Chief Secy. Prin. Secy. Civil Sectt. Lko. and Others

Case brief

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