Allahabad High Court
Om Prakash Srivastava And 2 Others vs State Of U.P. And 3 Others on 13 October, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 10741 of 2020 Petitioner :- Om Prakash Srivastava And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suraj Kumar Singh Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri S.K. Singh, learned counsel for the petitioners, Ms. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 27.6.2020 registered as case crime no. 23 of 2020 under sections 386, 354 (Kha), 504, 506 I.P.C., police station Lalpur/Pandeypur, District Varanasi.
Learned counsel for the petitioners submits that the petitioners are father-in-law, mother-in-law and brother-in-law (Devar) of respondent no. 4, who was having some matrimonial dispute with her husband, namely, Rahul Ranjan. He submits that earlier respondent no. 4 lodged an F.I.R. against her husband and the petitioners which was registered as case crime no. 1304 of 2019 for offence under sections 498-A, 323, 504, 506 I.P.C. in which the petitioner nos. 1 and 2 got themselves bailed out from the competent court, the said fact has been mentioned in para-11 of the present petition, hence respondent no. 4 lodged the impugned F.I.R. against the petitioners levelling false and frivolous allegation just for harassment, hence the same is liable to be quashed by this Court. Learned counsel for the petitioners made a statement at bar that the husband of respondent no. 4, namely, Rahul Ranjan, who has already arrested in the present case, has been granted bail by the competent court recently.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners, namely, Om Prakash Srivastava, Sangita Devi and Rohit Ranjan shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent court but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked, before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) (Ramesh Sinha, J.) Order Date :- 13.10.2020 Shiraz