Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 17587 of 2020 Petitioner :- Vinay And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Purushottam Dixit Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Gautam Chowdhary,J.
Heard Sri Purushottam Dixit, learned counsel for the petitioners and learned A.G.A. for the State.
Petitioners have made the following prayers:-
(i) issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 3.12.2020 in Case Crime no. 614 of 2020, under Sections 147, 452, 323, 504 IPC, P.S. Gandhi Park, District Aligarh.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 not to arrest the petitioners in Case Crime no. 614 of 2020, under Sections 147, 452, 323, 504 IPC, P.S. Gandhi Park, District Aligarh during the investigation.
(iii) issue any other writ, order, or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
Most of the arrayed accused are ladies. While going though the F.I.R. it transpires that there was some altercation for which F.I.R. has been lodged. We would normally not have interfered with the investigation only with a view to verify by via media.
In that view of the matter at this stage, looking to the Covid-19 in Aligarh we direct the petitioners to approach the court below within a period of eight weeks from today. It appears that there is cross F.I.R., the petitioners may file an application for being enlarged on bail/ anticipatory bail, which shall be considered as expeditiously as possible by the court below, who has jurisdiction to entertain the application, while taking up the matter, expeditiously, decide the application on its merit without being influenced by this order.
It goes without saying that State shall be heard. The accused shall not be arrested, if they are not arrested till date, within a period of eight weeks from today.
With the aforesaid observations, petition is partly allowed.
Order Date :- 6.1.2021 Dhirendra/