ANIL KUMAR SINGH CHAUHAN & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

---

Anil Kumar Singh Chauhan & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 11522 of 2005 [2005] RD-AH 6029 (21 November 2005)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Amitava Lala, J.

Hon'ble Amar Saran, J.

We have heard learned Counsel appearing for the petitioners and learned A.G.A. We have also gone through the F.I.R. in question, which prima facie discloses the commission of a matrimonial offence under Section 406 I.P.C.

Having regard to the facts and circumstances of the case, we finally dispose of the writ petition by directing that the petitioners shall not be arrested in Case Crime No. 3103 of 2005, under Section 406 I.P.C., Police Station Baradari, District Bareilly till the trial starts provided they pay interim compensation to the victim Smt. Arti Singh, respondent no. 4 @ Rs. 1500/- per month from today. Such interim compensation from today upto 30.11.2005 shall be deposited in the Court of Chief Judicial Magistrate, Bareilly by 07th December, 2005 and for all subsequent months by 07th day of the following month. The victim Smt. Arti Singh shall be entitled to withdraw the same. The liability to pay interim compensation shall be joint as well as individual of all the petitioners.

This order for payment of interim compensation is based on the analogy of the decision of Hon'ble Supreme Court in the case of Bodhisattwa Gautam Vs. Subhra Chakraborty (AIR 1996 SC 922).

In case of failure in payment of interim compensation, the order staying the arrest of the petitioners shall stand vacated automatically.

Dt./- 21.11.2005.

SKT/11522-05.

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.