Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 16747 of 2020 Petitioner :- Kelavati And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard Sri Deepak Kumar Srivastava, learned counsel for the petitioners and learned A.G.A. for the State.
Petitioners has made the following prayers:
I. Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 8.10.2020 lodged by respondent no.4. in case crime No.1232 of 2020, under Sections, 498A, 323, 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Majhola, Moradabad.
II. Issue a writ order or direction in the nature of mandamus commanding and directing respondents not to arrest and harass the petitioners in case crime No.1232 of 2020, under Sections, 498A, 323, 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act, P.S. Majhola, Moradabad.
III. Issue any other writ, order or direction to which the Hon'ble Court may deem fit and proper under the facts and circumstances of the instant case; in favour of the petitioners.
Prima facie, it appears that the Case Crime No.1232 of 2020 has been lodged on behalf of respondent No.4 namely wife of Sanjeev Kumar. We are inclined to grant prayer No. II, at this stage, looking to the factual data of the matter.
Looking to the factual scenario as the case involves invocation of Sections, 498A, 323, 506 of I.P.C. and Section 3/4 of Dowry Prohibition Act, we direct the police authority concerned not to arrest all the seven accused persons who are before this Court for the time being.
The aforesaid order is passed in special circumstance of the matter looking to the prevailing situation of Covid 19 in Moradabad, hence, the same shall not be treated as precedent in future.
It goes without saying that if the petitioners prefer bail/anticipatory bail application within a period of one month from today, the same shall be considered by the Court below on merits.
In view of the above, this petition is 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 along with 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.
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 :- 5.1.2021 DKS