The Allahabad High Court has stayed the arrest of accused Sudhir Upadhyay and three other family members in a criminal case registered at Jaunpur Kotwali for dowry harassment and attempt to murder, till the next hearing or submission of police report.
The Division Bench of Justice Vivek Kumar Birla and Justice Arun Kumar Singh Deshwal passed this order while hearing a petition filed by Sudhir Upadhyay and 3 Others.
The petition has been filed with the prayer to quash the First Information Report dated 14.8.2024 registered as Case under Sections 498-A, 307, 323, 504, 506 IPC and Section 3/4 of D.P Act, P.S Kotwali, District Jaunpur.
Further prayer has been made not to arrest the petitioners in the aforesaid case.
Submission of the counsel for the petitioners is that the criminal prosecution is based on absolutely false facts and the entire family has been roped in with general allegations.
The Court noted that,
It is pointed out that the injury report is dated 24.8.2024 whereas the incident of causing injury is dated 17.9.2023 at 09.00 p.m. as per the FIR.
It is very much clear that the injury report has been fabricated to give colour to the case and the entire FIR based on the same is nothing but abuse of process of law.
The Court observed that the matter requires consideration.
The Court granted four weeks time to file counter affidavit for the respondents and three weeks time to file rejoinder affidavit. List thereafter before the appropriate Bench.
“Till the next date of listing or till submission of police report under Section 193 (3) BNSS, whichever is earlier, the respondents are restrained from arresting the petitioners pursuant to the aforesaid FIR subject to cooperation in ongoing investigation”, the Court ordered.
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