Allahabad High Court
Atul Dwivedi And 6 Others vs State Of U.P. And 2 Others on 6 August, 2020
Bench: Pankaj Naqvi, Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7586 of 2020 Petitioner :- Atul Dwivedi And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pawankumar Dubey Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J.
Hon'ble Rajeev Misra,J.
Heard Sri Pawan Kumar Dubey, learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 5.6.2020 in Case Crime No. 276 of 2020, under section 498-A, 323, 504, 328, 307, 354, 376, 511 IPC, and 3/4 D.P. Act, P.S Roza, District, Shahjahanpur.
Learned counsel for the petitioners submits that present dispute is an outcome of matrimonial dispute. It is a case of no injury, entire family has been roped in only to harass petitioner. FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.
Writ petition, in respect of petitioner no.1 (husband), isdismissed.
However, we dispose of this writ petition in respect of petitioner nos. 2, 3, 4, 5, 6 and 7 with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.8.2020 Arshad