Disposed

Saif Ali v. State of U.P. and 2 Others

Allahabad HC13 May 2019CRLP/12240/2019

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging an FIR under various IPC sections. While rejecting the plea that possession issues belong to civil court, the court granted interim protection from arrest pending the police report and issued specific directions to complete investigation within three months and maintain status quo regarding property possession.

What did the court decide?

Petitioner restrained from arrest till police report submission; Investigation to be completed within three months; Petitioner prohibited from threatening informant or taking possession of premises; S

Saif Ali Vs State of U.P. and 2 Others — Property and Title | Allahabad HC (2019)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12240 of 2019

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Petitioner :- Saif Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Prakash Pandey,Rochak Tripathi Counsel for Respondent :- G.A.,Ajay Singh,Amrendra Nath Singh

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Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.

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Heard learned counsel for the petitioner, Sri Amrendra Nath Singh, learned counsel for private respondent and Sri Rajesh Mishra, learned A. G. A. for the State.

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This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 135 of 2019, under Sections 447, 427, 504, 506 IPC, P.S.- Shivkuti, District- Allahabad.

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Learned counsel for the petitioner(s) submitted that as per the FIR the basic allegation against the petitioner is of breaking the CCTV Camera; so far as allegation of possession is concerned, this Court cannot go into the said question as the same has to be decided by the civil court; it has been informed that a civil suit is pending.

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Learned counsel for private respondent has opposed the writ petition with the contention that the complainant is a senior citizen and he is being unnecessarily harassed by the petitioner along with some other person, who are of criminal nature; the complaint has been made to run from pillar to post and that the petitioner is trying to take possession forcefully and illegally.

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After having heard the submissions advanced by learned counsel for the parties present and perused the impugned first information as well as the other material brought on record, the writ petition is being disposed of with the following directions:

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(i) petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C., however, petitioner shall participate and co-operate with the investigation;

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(ii) the police authorities will complete the investigation within a period of three months from the date of production of certified copy of this Court before the SSP concerned;

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(iii) petitioner will not extent any threat to first informant or will try to take any possession of the premises in suit;

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(iv) parties may stick to status quo only on the proper in dispute as on date and petitioner will not encroach the property of the first informant - respondent no. 3;

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(v) in case, respondent no. 3 approaches the SSP concerned seeking protection, the SSP concerned will provide appropriate protection to

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respondent no. 3 forthwith.

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With the aforesaid directions, the writ petition is disposed of.

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Order Date :- 13.5.2019 Kuldeep

Saif Ali v. State of U.P. and 2 Others

Case brief

What is this about?

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Saif Ali v. State of U.P. and 2 Others

Case brief

What is this about?

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