Allahabad HC stays arrest of a man living with a married woman

The Allahabad High Court stayed the arrest of a man living with a married woman.

Contention is that petitioners are in live-in relationship and have already been granted protection by the Court and the subsequent lodgement of F.I.R. by the husband violates the constitutional protection available to the petitioners as also the order passed by the Court. 

Court Order

The division bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar noted that the matter requires consideration. Notice on behalf of respondent has been accepted by A.G.A, whereas Sanjay Ojha, Advocate has appeared for respondent. 

The court directed that all the respondents may file counter affidavits within three weeks. Rejoinder affidavit may also be filed within one week, thereafter. 

The court ordered that till the next date of listing petitioners shall not be arrested pursuant to impugned First Information Report registered, under Sections 323, 504, 506 IPC and 3(1)(da) & 3(1)(dha) of SC/ST Act, Police Station Gajraula, provided petitioners cooperate in the investigation. 

Case title: Mohit Agrawal and 3 Ors. v/s State Of U.P. And 4 Ors

Citation: CRIMINAL MISC. WRIT PETITION No. – 1479 of 2022

Click here to read the Order/Judgment

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