Allahabad High Court
Amarjeet Kewat And 2 Others vs State Of U.P. And 2 Others on 19 October, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 11200 of 2020 Petitioner :- Amarjeet Kewat And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Parmeshwar Yadav Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
Heard Sri Parmeshwar Yadav, learned counsel for the petitioners and Mrs. Anjali Upadhyay, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
By means of this petition, the petitioners has prayed for a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 12.09.2020 registered as Case Crime No. 0270 of 2020, under Sections 376, 511, 452, 352, 323, 504, 506 IPC and Section 3/4 POCSO Act, Police Station Kothibhar, District Maharajganj and also for direction to the respondents not to arrest the petitioners in the matter.
Learned counsel for the petitioner submits that petitioner no. 1 is the husband. Learned counsel for the petitioners further submitted that petitioner nos. 2 and 3 are the other family members of the co-accused/petitioner no.1 namely Amarjeet Kewat and on account of the said facts they have been falsely implicated in the present case. He further submitted that the allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioners is liable to be quashed.
Learned AGA has opposed the prayer for quashing of the FIR which discloses congnizable offence and argued that the petitioner no. 1 (husband) has prime responsibility, both legal and moral, to maintain and ensure the safety and welfare of his wife, hence, the present writ petition is dismissed on behalf of petitioner no.1 (husband) namely Amarjeet Kewat.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner nos. 2 and 3 namely, Ramesh Kewat and Kamlawati 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 such 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) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned authority.
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 :- 19.10.2020
M. ARIF
(Samit Gopal, J.) (Ramesh Sinha, J.)