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Neutral Citation No. - 2025:AHC:30291-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3539 of 2025 Petitioner :- Aarti And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajat Chaudhary,Sunil Kumar Tiwari Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. Sri Vivek Singh, Advocate, has filed Vakalatnama on behalf of respondent no.3, is taken on record. Heard learned counsel for petitioner and learned AGA for State. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 29.02.2024 registered as Case Crime No. 66 of 2024, under sections- 347, 323, 328, 384, 376, 467, 468, 471 and 506 of IPC and, Police Station- Transport Nagar, District - Meerut, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. The petitioners claim themselves to be married nand, nandoi and jeth. They have alleged false implication in this case.
Learned counsel for the petitioners has submitted that petitioners are family members of matrimonial home of opposite party no.3. The petitioners have been falsely implicated in this case by the opposite party no. 3 on the general allegations, which is against the well settled principles of law as laid down by the Hon'ble Supreme Court in the 2012 (10) SCC 741 in the matter of Geeta Mehrotra and Another Vs. State of Uttar Pradesh
. For the reasons given in the judgment of this Court dated 10.07.2024 passed in Criminal Misc. Writ petition No. 7463 of 2024 (Shobit Nehra And Another Vs. State of U.P. and 2 Others) the writ petition is disposed of with the direction that that till cognizance taken on police report under Section 173(2) Cr.P.C.,the respondents are restrained from arresting the petitioners pursuant to the First Information Report, subject to cooperation in ongoing investigation.
Order Date :- 4.3.202//Abhishek Digitally signed by :- ABHISHEK YADAV High Court of Judicature at Allahabad