Disposed

Mohd. Khalid v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Allahabad HC11 Nov 2024CRLP/7997/2024

Case brief

AI extract

What is this about?

Criminal writ petition seeking quashing of an FIR alleging dowry harassment. Court recorded availability of a draft for mediation notice and granted interim non-arrest bail pending investigation and cooperation.

What did the court decide?

Interim non-arrest bail granted; Notice to Respondent No.4 ordered; Petitioner to retain and produce mediation draft of Rs.50,000.

Mohd. Khalid vs State of U.P. Thru. Prin. Secy. Home… — Dowry and Cruelty | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7997 of 2024

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Petitioner :- Mohd. Khalid

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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 :- Dharmendra Singh,Raghvendra Pratap Singh Counsel for Respondent :- G.A.

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned Counsel for the petitioners and learned A.G.A. for the State-respondents.

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This petition seeks issuance of a writ in the nature of certiorari for quashing the First Information Report dated 21.08.2024 bearing Case Crime No.0070 of 2024 for the offence under Sections 498-A, 323, 504, 506 I.P.C., Sections 3/4 of Dowry Prohibition Act, Police Station-Mahila Thana, District-Gonda.

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In compliance of the order dated 23.10.2024 passed by this Court, learned Counsel for the petitioner produced a draft of Rs.50,000/- (Rupees Fifty Thousand Only) in favour respondent No.4 to show his bonafide for mediation.

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Therefore, a case for consideration is made out.

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Issue notice to respondent No.4 through concerned Station House Officer, who shall ensure the presence of respondent No.4 before this Court in person on the next date of listing.

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List/put up this case on 11.11.2024.

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Till the next date of listing, learned Counsel for the petitioners shall keep the aforesaid draft of Rs.50,000/- (Rupees Fifty Thousand Only) with him and shall produce the same before this Court on the next date of listing.

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Considering the submissions made, it is provided that till the next date of listing, the petitioner shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against him. The

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petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when they are called. If he does not do so then it can be made a ground for seeking vacation of this interim order.

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[Om Prakash Shukla, J.] [Vivek Chaudhary, J.]

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Order Date :- 25.10.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Khalid v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Case brief

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Mohd. Khalid v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others

Case brief

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