Vinay Verma And 6 Others vs State Of U P And 3 Others
2022 Latest Caselaw 9051 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10161 of 2022
 

 
Petitioner :- Vinay Verma And 6 Others
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Abhai Kumar Singh
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Umesh Chandra Sharma,J.

Heard Sri Sharad Kumar Srivastava, learned counsel for the petitioner and learned A.G.A. for the State-Respondents.

Present writ petition has been preferred for quashing the FIR dated 25.5.2022 being F.I.R. No. 0014 of 2022 under Sections 323, 354, 376, 498-A, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, P.S. Mahila Thana, District-Fatehgarh/Farrukhabad and for a direction to respondents not to arrest the petitioners pursuant to aforesaid FIR.

Learned counsel for the petitioners submits that earlier the first informant filed an application 156 (3) Cr.P.C. and on the basis of which an FIR in Case Crime No. 0191 of 2022 was registered on 9.5.2022 under Sections 498A, 323 IPC and Section 3/4 Dowry Prohibition Act at Police Station Maudarvaza District-Farrukhabad. For quashing the aforesaid FIR the petitioner filed Criminal Misc. Writ Petition No. 9026 of 2022. Vide order dated 15.7.2022 this Court in the light of judgment of this Court dated 28.01.2021 in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and three others Vs. State of U.P. and three others) and direction issued in Arnesh Kumar V. State of Bihar, (2014) 8 SCC 273 disposed of the writ petition giving protection of Section 41 and 41A of the Code.

Learned counsel for the petitioners further submitted that on 9.5.2022 Respondent No.4 with 10 other persons came at the house of petitioners and called with abusive language to petitioner No.1. All of sudden those persons attacked with lathi, road and sticks on petitioner Nos. 2 and 6 and they received injuries and admitted in hospital. Wife of petitioner No.2 namely Dipika Verma lodged FIR against brothers of Respondent No. 4 and 9 on 9.5.2022 in Case Crime No. 192 of 2022 under Sections 147, 323, 324, 506 and 294 IPC. It is further submitted that after lodging of the FIR by the wife of petitioner No.2. It is further submitted that as a counter blast on the basis of same incident brother of Respondent No.4 filed another 156(3) Cr.P.C. in the Court of J.M.F.T.C.-IInd which was registered as Misc. Case No. 86/11/22 (Archana Rajpoot Vs. Vinay Kumar and others) on 11.5.2022. It is also submitted that learned Judicial Magistrate F.T.C.-IInd without applying his judicial mind, on the same cause of action, called report from Mahila Thana and directed to Mahila Thana to register a first information report on 19.05.2022 falsely implicating the whole family.

The matter requires consideration.

Learned AGA has accepted notice on behalf of State-respondent nos.1, 2 and 3.

Issue notice to Respondent No.4.

All the respondents are accorded three weeks time to file counter-affidavit. One week, thereafter, for rejoinder.

Till the next date of listing, respondents are restrained to arrest the petitioners pursuant to the impugned F.I.R. subject to cooperation in the on-going investigation.

Order Date :- 3.8.2022

Manish Tripathi