Allahabad High Court
Sumitra Rampal Mourya And Others vs State Of U.P. Thru. Prin. Secy. Deptt. Of ... on 16 May, 2023
Bench: Sangeeta Chandra, Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:33989-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 3431 of 2023 Petitioner :- Sumitra Rampal Mourya And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Pankaj Verma Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Narendra Kumar Johari,J.
(1) Supplementary affidavit filed today is taken on record.
(2) Heard the learned counsel for the petitioners and the learned A.G.A. who appears for the Opposite party nos.1, 2 & 3.
(3) This petition has been filed by the petitioners for the following main prayer:-
"1) issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 23.04.2023 lodged by the opposite party no.4 against the petitioners vide Case Crime/FIR No.238 of 2023, under Sections 147, 307, 323, 504, 506, 498-A IPC, Police Station Kotwali Dehat, District Balrampur, as contained in Annexure No.1 to this writ petition."
(4) This Court had earlier granted limited protection only to the Petitioners nos.1 & 2 and directed the learned A.G.A. to seek instructions in the matter. With regard to second FIR lodged of the incident which occurred on 23.04.2022 in broad day light on the road.
(5) Learned A.G.A. has produced before this Court a copy of the instruction sent by the Investigating Officer dated 06.05.2023 from the Police Station Kotwali Dehat, District Balrampur. In the said instructions, it has come out that because of matrimonial dispute initially the matter was referred to the Mediation Center attached to the Mahila Thana, Balrampur, but Mediation failed. It has been further submitted that no Medical Examination Report of the informant is available on record.
(6) This Court having gone through the instructions and also pleadings on record, feels that since some of the accused have already been released on bail by the Court concerned, the petitioners may also apply for bail as and when required.
(7) The writ petition stands disposed of.
Order Date :- 16.5.2023 N.PAL