Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12273-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 23308 of 2024 Petitioner :- Rashid And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jitendra Rana Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners; Shri Anand Kumar Pandey, learned counsel for the informant and Shri Paritosh Malviya, learned AGA-I for State respondents. 2. The counter affidavit filed today is taken on record. 3. The instant writ petition has been preferred for quashing the FIR dated 24.10.2024 being Case Crime No.573 of 2024 under Section 498-A, 323, 504, 506, 376 IPC and 3/4 D.P. Act and 3/4 Muslim Women (Protection to Rights of Marriage) Act, 2019, P.S. Loni, Distt. Ghaziabad and for a direction to respondents not to arrest the petitioners pursuant to impugned FIR. 4. On the matter being taken up on 18.12.2024, the Court has proceeded to pass the following order:-
"1. Heard learned counsel for the petitioners and learned AGA for the State. 2. This writ petition has been filed challenging the first information report dated 24.10.2024 giving rise to Case Crime No. 573 of 2024 under Sections 498-A, 323, 504, 506, 376 of the Indian Penal Code and 3/4 Dowry Prohibition Act and 3/4 Muslim Women (Protection to Rights of Marriage) Act, Police Station Loni, District Ghaziabad. 3. Contention of learned counsel for the petitioners is that FIR was got registered by the first informant on 22.10.2024 in police station Sahibabad and with regard to same incident and against same accused persons, another FIR has been lodged on 24.10.2024 in police station Loni under same sections. Learned counsel states that when one investigation is going on with regard to same crime and against same offender then another FIR was not to be investigated into. 4. Learned AGA may take instructions in the matter. 5. List this case on 23.1.2025 as fresh. 6. Till then, no coercive action shall be taken against the petitioners vis-a-vis Case Crime no. 573 of 2024."
5. Today, learned AGA-I, on the instructions, states that in the instant matter viz. Case Crime No.573 of 2024, no complicity of
the petitioners has been found and accordingly final report has been prepared and is in the process of submission before the concerned court. 6.
Considering the factual situation, we are not inclined to proceed further in the matter. The writ petition stands disposed of accordingly. Order Date :- 23.1.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad