Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7646 of 2021 Petitioner :- Furkan Ali @ Furkan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amit Kumar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed with the prayer to quash the First Information Report dated 15.07.2021 in Case Crime no.222 of 2021 under Section 498A, 376, 377, 323, 504 IPC, 3/4 The Muslim Women (Protection of Rights on Marriage) Act 2019 and 3/4 Dowry Prohibition Act, PS Mundhapande, District Moradabad. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Learned counsel for the petitioners contends that for the same cause of action, the complainant had earlier lodged the First Information Report dated 08.08.2020 registered as Case Crime 289 of 2020 under Sections 498A, 354, 315, 376, 377, 323, 504, 506 IPC. P.S. Bhojpur, District Moradabad. Consequently just to harass the petitioners, present First Information Report has been lodged, which is registered as Case Crime no.222 of 2021 and the same is liable to be treated as second First Information Report and in the light of the judgement passed by Hon'ble Apex Court in T.T. Antony vs. State of Kerela and others, 2001 SCC (Cri) 1048, the same is liable to be quashed.
Matter requires consideration.
Issue notice to the respondent No.3 returnable at an early date.
Steps be taken within a week by ordinary process as well as by registered post.
All the respondents may file counter affidavit within four weeks. Petitioners shall have one week thereafter to file rejoinder affidavit. List immediately thereafter.
Considering the facts and circumstances of the case as briefly discussed above, as an interim measure, petitioners shall not be arrested pursuant to the impugned First Information Report dated 15.07.2021, provided they cooperate in the investigation.
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 (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
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 :- 17.9.2021 A. Pandey