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Judgment
Heard Sri Dileep Kumar Srivastava, learned counsel for the petitioners, Sri Balbir Yadav, learned counsel for the respondent No.3/complainant and the learned A.G.A. for the State-respondents.
This writ petition has been filed praying for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned first information report dated 31.10.2020, bearing F.I.R. No. 193 of 2020, Under Sections 363, 366, 504, 506 IPC, Police Station Kuber Asthan, District Kushi Nagar.
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent No. 2 not to arrest the petitioners in pursuance of the impugned first information report dated 31.10.2020, bearing F.I.R. No. 193 of 2020, Under Sections 363, 366, 504, 506 IPC, Police Station Kuber Asthan, District Kushi Nagar."
Learned counsel for the petitioners in support of his submission states that the entire allegation is levelled against the son of petitioners. Even his son is also not traceable. At no point of time, they are the instrument in the aforesaid case.
The matter requires consideration by this Court.
Issue notice to respondent No. 4, returnable at an early date. Steps may be taken within a week.
The respondents are accorded four weeks time to file counter affidavit. One week, thereafter, is accorded to file rejoinder affidavit.
List thereafter.
While placing counter affidavit, this fact be also brought on record as to whether the girl has been recovered or not, by learned A.G.A.
Till the next date of listing, the respondents are restrained to arrest the petitioners pursuant to impugned FIR. It is made clear that the criminal proceeding would go on independently without being influenced by any of the observations made by this Court. The petitioners are also directed to extend full cooperation and shall not create any hindrance in the ongoing enquiry.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.