Ajay Kumar @ Bilau vs State Of U.P. And 3 Others
2022 Latest Caselaw 16101 ALL

Citation : 2022 Latest Caselaw 16101 ALL
Judgement Date : 4 November, 2022

Allahabad High Court

Ajay Kumar @ Bilau vs State Of U.P. And 3 Others on 4 November, 2022

Bench: Mahesh Chandra Tripathi, Surendra Singh-I




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 47
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 14926 of 2022
 

 
Petitioner :- Ajay Kumar @ Bilau
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vinkesh Ojha,Imran Ali
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Surendra Singh-I,J.

Heard learned counsel for the petitioner and learned AGA.

Present writ petition has been preferred for quashing the FIR dated 28.8.2022 being Case Crime No.343 of 2022 under Section 376, 354, 506 IPC, P.S. Didoli, Distt. Amroha and for a direction to respondents not to arrest the petitioner pursuant to impugned FIR.

Learned counsel for the petitioner has submitted that the impugned FIR has been lodged totally on false allegations just to harass the petitioner. The petitioner along with informant being major and claiming to be husband and wife has earlier approached this Court for civil protection by way of Writ-C No.11834 of 2022 (Smt. Rinki & Anr. v. State of U.P. & Ors.). The said writ petition was partly allowed on 27.5.2022 according civil protection to them relying on the judgments of Hon'ble the Apex Court in the cases of Gian Devi v. The Superintendent, Nari Niketan, Delhi & Ors., (1976) 3 SCC 234, Lata Singh v. State of U.P. & Anr., (2006) 5 SCC 475 and Bhagwan Dass v. State (NCT of Delhi), (2011) 6 SCC 396. As such it is contended that once the informant claiming to be the wife of petitioner has earlier obtained civil protection, then lodging of present FIR totally on false allegations and having different version is an abuse of the process of law.

Learned AGA on the other hand fairly states that instructions are still awaited and as such some further time may be accorded.

The matter requires consideration.

Issue notice to respondent no.4, returnable at an early date. Steps may be taken within a week.

All the respondents are accorded four weeks' time to file counter affidavit. One week, thereafter, is accorded to file rejoinder affidavit. List thereafter.

Till the next date of listing or till the submission of police report under Section 173 (2) CrPC, whichever is earlier, the petitioner shall not be arrested pursuant to impugned FIR, provided he cooperates with the investigation in question.

Order Date :- 4.11.2022

SP/