High Courts(2011) 06 AHC CK 0059

Hari Om and Others vs State of U.P.and Others

Allahabad High Court · Decided on 23 June 2011

HON’BLE JUDGES
Dilip Gupta, J and Pankaj Mithal, J
RESULT
Allowed

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Judgment

7 paragraphs · 201 words

Dilip Gupta and Pankaj Mithal, JJ.—Learned A.G.A. appears for the State respondents. Issue notice to respondent no.3. Steps within a week. The respondents are allowed three weeks'' time to file counter affidavit.

2.

List immediately thereafter.

3.

By this writ petition, the petitioners have prayed for quashing the First Information Report dated 12.06.2011 in Case Crime No. 283 of 2011 under Sections 323, 504, 506, 380 IPC and Section 3(i)(x) SC/ST Act, Police Station Kankarkhera, District Meerut.

4.

It is alleged in the First Information Report that the petitioners came to the house of respondent no.3Smt. Santosh and took ''Bhoosa'' in which 1 kg silver jewellery was kept and have not returned the jewellery despite requests.

5.

Learned counsel for the petitioners states that not only the allegations made in the First Information Report are vague but the First Information Report was lodged after more than two years.

6.

Prima facie, we find that the matter requires consideration by the Court.

7.

Until further orders or until submission of the charge sheet, petitioners'' arrest in Case Crime No. 283 of 2011 under Sections 323, 504, 506, 380 IPC and Section 3(i)(x) SC/ST Act, Police Station Kankarkhera, District Meerut, shall remain stayed.