Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 17595 of 2020 Petitioner :- Nadeem Siddiqui And 3 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Islam Ahmad Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard Sri Islam Ahmad, learned counsel for the petitioners and learned A.G.A. for the State.
By way of this writ petition, the petitioners have prayed the following prayers:
"(i) to quash the First Information Report dated 24.11.2020 as Case crime No.0208/2020, under Sections 498-A, 308, 342, 504, 506, I.P.C. and 3/4 of D.P. Act, 1961 lodged in Police Station-Naraini, District Banda against the petitioners by respondent No.6.
(ii) to issue writ of mandamus commanding respondent No.2 and 3 not to arrest the petitioners and also forbade to respondent Nos. 4 to 7 not to harass the petitioners in pursuance of case crime.
(iii) issue a suitable order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
Normally, in view of the decision of the Apex Court we should not interfere with the matter but as we are not passing any order adverse to the respondent Nos. 4 to 7, we are inclined to direct the petitioners to move application for bail/anticipatory bail within a period of four weeks from today before the appropriate Court and the Court below shall decide the same as expeditiously as possible.
Looking to the factual scenario of the case, except husband, the police shall not take coercive steps against the petitioners namely petitioner Nos.2, 3 and 4 during this interregnum period.
The aforesaid order is passed in special circumstance of the matter looking to the prevailing situation of Covid 19, hence, the same shall not be treated as precedent in future.
It goes without saying that this Court has not gone into the merits of the case.
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 :- 6.1.2021 DKS