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Allahabad High Court

Juber And 8 Others vs State Of Up And 2 Others on 16 May, 2024

Author: Siddharth

Bench: Siddharth





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:88668-DB
 
Court No. - 46
 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3452 of 2024
 
Petitioner :- Juber And 8 Others
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Chandra Shekhar Mishra
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Siddharth,J.
 

Hon'ble Surendra Singh-I,J.

1. List revised. No one is present on behalf of the petitioner.

2. Learned A.G.A. for the State-respondents is present.

3. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 20.12.2023, registered as Case Crime No.248 of 2023, under Sections-498-A, 323, 354 I.P.C., Section 3/4 D.P. Act and Section 3/4 Muslim Women Protection of Rights on Marriage Act, 2019, Police Station-Mahila Thana, District-Saharanpur and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

4. Learned A.G.A. informs that charge-sheet has already been filed in this case on 08.02.2024.

5. It is not clear whether the cognizance has been taken by the Court concerned on the charge-sheet or not ?

6. In view of the above, petition is disposed of directing that till cognizance is taken on police report under Section 173(2) Cr.P.C., by the court the respondents shall not arrest the petitioner pursuant to the First Information Report dated 20.12.2023, registered as Case Crime No.248 of 2023, under Sections-498-A, 323, 354 I.P.C., Section 3/4 D.P. Act and Section 3/4 Muslim Women Protection of Rights on Marriage Act, 2019, Police Station-Mahila Thana, District-Saharanpur, subject to cooperation in ongoing investigation.

Order Date :- 16.5.2024 Amit (Surendra Singh-I,J.) (Siddharth,J.)