In a criminal miscellaneous writ petition, the Allahabad High Court (Lucknow Bench) admitted the petition, directed the petition copy to be served on the private respondent's advocate, and adjourned the matter for February 20, 2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 671 of 2024
Petitioner :- Mayaram And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Anurag Pathak Counsel for Respondent :- G.A.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard the learned counsel for the petitioners, learned A.G.A. for the State-respondents and Sri Sandeep Singh, Advocate, who has filed his power on behalf of the private respondent No.4, which is taken on record.
2. This petition has been filed by the petitioners with the following main prayers :-
"a) Issue a writ, order or direction in the nature of certiorari quashing the first information report dated 17.10.2019 (Annexure no.1) and further investigation on the basis of that the FIR NO. 452/2019, under Section- 364/ 498-A/ 504 IPC read with section 3/ 4 of D.P. Act, P.S. Fakharpur, District- Bahraich.
b) Issue a writ, order or direction in the nature of mandamus directing the opposite parties not to arrest the petitioners in connection with the above noted the FIR NO. 452/2019, under Section-364/ 498-A/ 504 IPC read with section 3/ 4 of D.P. Act, P.S. Fakharpur, District- Bahraich."
3. The learned A.G.A. has pointed out that the F.I.R. is of the year 2019 and he prays for time to seek instructions regarding current status of the investigation.
4. Sri Sandeep Singh, Advocate also prays for time to file a detailed counter affidavit.
5. Let a copy of the writ petition be served upon Sri Sandeep Singh, Advocate today itself by the counsel for the petitioners.
6. List this case on 20.02.2024 along with Criminal Misc. Writ Petition No.7925 of 2023 titled as Smt. Nankai vs. State of U.P. and others.
7. In the meantime, counter affidavit be filed by the Staterespondents and also by the private respondent No.4.
8. It is clarified that mere pendency of this writ petition shall not prevent the police from taking appropriate action, in accordance with law.
9. When the case is listed next, the name of Sri Sandeep Singh, Advocate shall be shown in the cause list as learned counsel for private respondent No.4.
Order Date :- 30.1.2024 cks/-
Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench
Mayaram And Others
State Of U.P. Thru. Prin. Secy. Home Lko. And Others
Sangeeta Chandra
Ajai Kumar Srivastava
As recorded by the court registry
3 orders share this CNR
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