Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 4093 of 2021 Petitioner :- Smt. Sahin And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Rayoof Ali Counsel for Respondent :- G.A.,Amit Kumar Singh
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State-respondents.
This writ petition has been filed praying for the following reliefs:-
"(i) Issue a writ order or direction in the nature certiorari quashing the impugned FIR dated 03.04.2021, in Case Crime No. 90 of 2021, under Section 363 I.P.C., P.S. Khajani, District Gorakhpur.
(ii) Issue a writ order or direction in the nature mandamus commanding the respondents not to arrest the petitioners in pursuance of the impugned FIR dated 03.04.2021, in Case Crime No. 90 of 2021, under Section 363 I.P.C., P.S. Khajani, District Gorakhpur".
Learned counsel for the petitioners states that petitioner no.2 has been arrested by the police. He also submits that statement of the petitioner no.1 may be directed to be recorded under Section 164 Cr. P.C. and thereafter, Magistrate concerned proceed in accordance with law.
Learned A.G.A. has no objection to the aforesaid request.
In view of the aforesaid, the respondent no.3 is directed to produce the petitioner no.1 before the Chief Judicial Magistrate concerned within two weeks from today and there upon the Chief Judaical Magistrate concerned shall record the statement of the petitioner no.1 under Section 164 Cr. P.C. and proceed in accordance with law.
With these observations, writ petition is disposed of. Order Date :- 27.7.2021 T.S.
Digitally signed by Justice Surya Prakash Kesarwani Date: 2021.07.28 10:21:36 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Piyush Agrawal Date: 2021.07.28 10:22:56 IST Reason: Document Owner Location: High Court of Judicature at Allahabad