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Akshay And Others vs State Of U P And Others

High Court Of Judicature at Allahabad|21 August, 2018
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JUDGMENT / ORDER

Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 22755 of 2018
Petitioner :- Akshay And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Vishnu Shankar Mishra,Hari Shankar
Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A.G.A for the State.
Learned counsel for the petitioners contends that on account of matrimonial discord between the spouse, the husband-petitioner no.1 along with the entire family members have been falsely implicated in the present case by the respondent no.4 on general allegations, which is against the settled principles of law as laid down in the matter of Geeta Mehrotra and another Vs. State of Uttar Pradesh reported in 2012 (10) SCC 741. It is further contended that even bare reading of the F.I.R., would go to show that the prosecution story is highly improbable as such the prosecution of the petitioners cannot be sustained.
From the perusal of the F. I. R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
So far as the petitioner no.1-husband namely, Akshay is concerned the following order is being passed:-
However, considering the nature of the allegations made in the F. I. R. and submissions made by learned counsel for the petitioners, it is directed that in case, the petitioner no.1-husband appears before the court concerned within thirty days from today and applies f or bail, the same shall be heard and disposed of expeditiously, if possible, on the same day by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L.J.755 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
So far as the petitioner nos. 2 and 3 are concerned the following order is being passed:-
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioner nos. 2 and 3 shall not be arrested pursuant to the F.I.R., dated 28.06.2018 lodged in Case Crime No.0399 of 2018 under Sections 498A, 354, 323, 504, 506 I.P.C., and Section 3/4 of Dowry Prohibition Act 1961, Police Station Ramgarh, District Firozabad, till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed off.
Order Date :- 21.8.2018 S.Ali
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Title

Akshay And Others vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
21 August, 2018
Judges
  • Rajesh Dayal Khare
Advocates
  • Vishnu Shankar Mishra Hari Shankar