Citation : 2019 Latest Caselaw 1799 ALL
Judgement Date : 27 March, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 9 Case :- MISC. BENCH No. - 7309 of 2019 Petitioner :- Bhaskar Dev Mishra & Anr. Respondent :- State Of U.P.Thru.Prin.Secy.Home & Ors. Counsel for Petitioner :- Virendra Mishra Counsel for Respondent :- G.A. Hon'ble Shabihul Hasnain,J.
Hon'ble Rajeev Singh,J.
The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report No.0088 of 2019, under Sections 498-A, 304-B Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, Police Station Chanda, District Sultanpur.
We have heard Sri Virendra Mishra, learned counsel for the petitioners as well as the learned AGA for the State.
The petitioners are the father and mother of the husband. The plea of alibi has been taken on behalf of the petitioner Nos.1 and 2. There is some evidence with regard to the alibi of petitioner No.1 while there is no documentary proof with regard to the petitioner No.2.
The learned AGA has submitted that the plea of alibi runs contrary to the spirit of Section 304-B of the Indian Penal Code. He prays for and is granted three weeks' time to file counter affidavit in this case.
List thereafter.
Order Date :- 27.3.2019
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