Allahabad High Court
Pawan Kumar Jain And 5 Others vs State Of U.P. And 3 Others on 31 August, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 8505 of 2020 Petitioner :- Pawan Kumar Jain And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dr. Akhilesh Kumar Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Dr. Akhilesh Kumar, learned counsel for the petitioners, Km. Meena, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 21.3.2020, registered as Case Crime/F.I.R. No.127 of 2020, under Sections 420, 467, 468, 471 I.P.C., Police Station Hari Parbat, District Agra.
It has been contended by the learned counsel for the petitioners that the petitioners are in-laws of respondent no.4 as the marriage between the respondent no.4 and son of petitioner no.1, namely, Mayank Kumar Jain was solemnized in the year 2011 who died in the year 2017 and thereafter some dispute arose between the parties with respect to a shop, for which a civil suit has also been filed by the petitioner no.2 who is devar of respondent no.4, in which status order has been passed by the competent court on 8.8.2018, copy of which is annexed at page 46-C of the writ petition and the said status-quo order is still continuing. The said fact has been mentioned in paragraph no.8 of the writ petition. No offence is made out against the petitioners, hence, F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the F.I.R.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners, namely, Pawan Kumar Jain, Samaksh Jain, Prayank Jain, Mesh Jain, Amit Gupta & Jitendra Jain shall not be arrested in the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any before the competent Court, but 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 oncerned 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 :- 31.8.2020 NS