Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 17678 of 2020 Petitioner :- Sharik Khan And 6 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adil Khan Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard Sri Adil Khan, learned counsel for the petitioners and learned A.G.A. for the State.
Petitioner No.1 who is a personnel of I.T.B.P. and petitioner Nos.2 to 7 who are the relatives of petitioner No.1 are alleged to have committed the offences under Sections 323, 504, 506, 498A, 354 Kha of I.P.C., Section 3/4 of Dowry Prohibition Act vide Case Crime No.0478 of 2020, PS-Kanth, Moradabad.
It is stated at the Bar that petitioner No.1 is the husband of original complainant and that the averments are such wherein if this Court calls private respondents, there are all chances of conciliation taking place.
All these aspects can be agitated before the Court below or before the police authority.
We normally would not have interfered with the matter but as the petitioner No.1 is an I.T.B.P. personnel which is a sensational post, instead of keeping the matter alive here and calling the respondent no.3, we relegate the parties to the Court below where the petitioners may apply for enlargement on bail/anticipatory bail within a period of eight weeks from today. However, as far as petitioner No.1 is concerned, he may not be coercively dealt with till he moves the appropriate Court.
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