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Allahabad High Court stays arrest of PCS officer under Domestic Violence Act

The Allahabad High Court has stayed the arrest of PCS officer Vijay Bahadur Singh alias Vijay Kumar Singh under Domestic Violence Act in an FIR lodged at Police Station Kotwali, District Basti.

The Division Bench of Justice Siddharth and Justice Subhash Chandra Sharma passed this order while hearing a petition filed by Vijay Bahadur Singh @ Vijay Kumar Singh.

The petitioner claims himself to be the brother-in-law (Devar) of respondent no 3.

It has been submitted that in pursuance to the order passed under Section 12 of the Domestic Violence Act, respondent no 3 has entered into the house of the petitioner due to which other family members of her matrimonial home have left the house. Since the petitioner is a PCS Officer he has been falsely implicated by respondent no 3 only to pressurize the entire family.

The Court issued notice to the respondent no 3.

The Court granted four weeks time to file counter affidavit for the respondents and two weeks time to file rejoinder affidavit. List this case after six weeks.

“Till the next date of listing or till cognizance is taken by court on police report submitted under Section 193(3) BNSS, whichever is earlier, the respondents are restrained from arresting the petitioners pursuant to the First Information Report dated 22.10.2024 registered as Case under sections- 85, 352, 351(2) BNS 2023, Police Station Kotwali, District Basti, to cooperation in ongoing investigation,” the Court ordered.

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