Shardul Vikram Upadhyay ... vs State Of U.P. And 3 Others
2015 Latest Caselaw 2611 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 23254 of 2015
 

 
Petitioner :- Shardul Vikram Upadhyay (Husband) And 2 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Srikrishna Shukla,Umesh Chandra Tripathi
 
Counsel for Respondent :- Govt.Advocate,Ajay Kumar Singh,Ashish Kumar Singh
 

 
Hon'ble Arun Tandon,J.

Hon'ble Ashwani Kumar Mishra,J.

Heard learned counsel for the parties.

On behalf of the petitioners, it is stated that the victim had occupied two rooms and one kitchen in question prior to the lodging of First Information Report. It is stated that the petitioner shall permit her to occupy the same accommodation without any demeanor. It is also stated that the allegation made in the FIR is incorrect. The petitioner family has been roped in to exert uncalled for pressure.

Counsel for the respondents/complainant disputes the correctness of the submission.

We have examined the First Information Report. It does disclose a cognizable offence. No case for quashing of the First Information Report is made out. However, we provide that if the petitioners permit the victim to occupy two rooms and one kitchen of the disputed property without any demeanor, they shall not be arrested till submission of the police report.

This order shall not prejudice other pending proceedings, which shall be proceeded with in accordance with law.

The writ petition is disposed of.

Order Date :- 23.9.2015

Ashish Pd.