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2021 Supreme(All) 638

MANOJ KUMAR GUPTA, MOHD. ASLAM
Riyajuddin – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: J.P. Pandey.
For the Respondent: Rahul Singh Dahiya.

JUDGMENT :

1. Heard Sri. J.P. Pandey, learned counsel for the petitioners, learned A.G.A. for the State-respondents and Sri. Rahul Singh Dahiya, learned counsel for respondent no. 4.

2. By means of instant writ petition, the petitioners have prayed for quashing of F.I.R. dated 15.3.2021, under Sections 376-D, 307 and 506 I.P.C. Police Station-Kotwali Dehat, District Bulandshahar, registered as Case Crime No. 0199 of 2021 and for a mandamus restraining the State-respondents from arresting the petitioners.

3. The allegations in the impugned F.I.R. lodged by respondent no. 4 are that on 31.7.2019 at about 3:00 p.m. she had gone to Family Court, Bulandshahar to withdraw cheque of Rs. 20,000/- granted to her towards maintenance. At that time, her husband Riyajuddin accompanied by Moinuddin and Asgar Ali also came there and took her and her mother and brother, who were present there, to Bhood crossing in their car on the pretext that they will settle the disputes amicably. On reaching there, they asked the mother of the complainant and her brother to get down from the car and thereafter they took respondent no. 4 to a lonely place in Transport Nagar, Bulandshahar, where all the three accuse

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