High Courts(2008) 12 AHC CK 0039

Moharram Ali S/O Late Miyaudeen & Others vs State of U.P.& Others

Allahabad High Court · Decided on 17 December 2008

HON’BLE JUDGES
Alok Kumar Singh, J and Suresh Chandra Chaurasia, J
RESULT
Dismissed

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Judgment

6 paragraphs · 169 words

S. C. Chaurasia, J.

Heard learned counsel for the petitioners, learned A.G.A. and perused the F.I.R. as also the relevant material on record.

The F.I.R. discloses commission of cognizable offence hence no interference is warranted under Article 226 of the Constitution of India.

Learned counsel for the petitioners, however, submits that as admitted in the F.I.R. itself that there is a matrimonial dispute between two factions and a criminal case is pending in the court below. It is said that inretaliation this F.I.R. has been lodged. It is further submitted that otherwise also the F.I.R. discloses commission of petty offence.

In view of the facts and circumstances of the case, it is provided that the petitioners shall not be arrested in Case Crime No. 686 of 2008, under Sections 147, 452, 323, 506 I.P.C., Police Station Aliganj, District Lucknow till filing of the chargesheet or report under section 169 Cr.P.C. subject to their cooperation in the investigation.

With the observations made hereinabove, the writ petition is finally disposed of.