Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 17600 of 2020 Petitioner :- Shahanshah Alam Alias Monu And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arun Kumar Singh Counsel for Respondent :- G.A.,Mohammad Sadab Khan
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard Sri Arun Kumar Singh, learned counsel for the petitioner, Sri Mohammad Sadab Khan, learned counsel for caveator and learned A.G.A. for the State.
On enquiry from learned counsel for original complaint, he states that there are all chances of conciliation.
We would normally not interfere in such kind of matter but as the petitioners who are before this Court do not take adversary stand after they are arrested at this stage as they have been alleged to have committed offences under Sections 323, 504, 506, 498A of I.P.C., Section 3/4 of Dowry Prohibition Act and Section 4 of Muslim Women (Protection of Marriage) Act, 2019 vide Case Crime No.0346 of 2020, PS-Chamanganj, Kanpur Nagar, we direct the police authority not to coercively deal with the petitioners for a period of eight weeks from today and if the petitioners apprehend their arrest, they may move before the Court below with an application for bail/anticipatory bail.
Needless to state that in the eventuality of filing an application for bail/anticipatory bail by the petitioners before competent Court, the said Court may decide the same expeditiously as possible, considering all the aspects of the case.
Learned A.G.A. does not have any objection to the disposal of this writ petition.
In view of the above, this petition is disposed of.
It goes without saying that we have not entered into the merits of the case and this order is passed in special situation as there are all chances of parties to reconcile.
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 :- 8.1.2021 DKS