Partly allowed

Sridhar (Uma Shankar Dubey) and 2 Others v. State of U.P. and 4 Others

Allahabad HC10 Nov 2020CRLP/12489/2020

Case brief

AI extract

What is this about?

High Court of Allahabad considered a writ petition seeking non-arrest and quashing of an FIR alleging petty, retaliatory offences. The court refused to quash the FIR as prima facie offence was made out but directed non-arrest pending the police report under Section 173(2) Cr.P.C.

What did the court decide?

Prayer for quashing of FIR refused; direction issued not to arrest petitioner till submission of police report under Section 173(2) Cr.P.C.

Sridhar (Uma Shankar Dubey) and 2… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 12489 of 2020

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Petitioner :- Sridhar (Uma Shankar Dubey) And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prabha Shanker Mishra,Thakur Prasad Dubey Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Sunil Kumar and Sri Thakur Prasad Dubey, learned counsel for the petitioners and Sri Anil Kumar, learned A.G.A.

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This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 27.10.2020 in Case Crime No.486 of 2020, under Sections 323, 504, 506, 307, 394 I.P.C., Police Station-Phoolpur, District-Prayagraj.

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Learned counsel for the petitioner submits that on 24.10.2020 at about 08:00 P.M. sons of respondent no.5 i.e. Vinay and Vivek committed marpeet with petitioner no.1 and his grand daughter as also snatched Rs.3500/from him, in respect of which son of petitioner no.1 lodged an FIR on 27.10.2020 at 11:44 A.M. which was registered as Case Crime No.485 of 2020 under Sections 452, 323, 307, 394 I.P.C. and in retaliation thereto the impugned FIR has been lodged in collusion with respondent no.4, no offences are made out, FIR be quashed.

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Per contra, the learned A.G.A has opposed the submission.

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After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.

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However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section

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173(2) Cr.P.C., subject to his cooperation during investigation.

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The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner along with a self attested identity proof of the said person (s) (preferably Aadhar Card).

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 10.11.2020 SK Goswami

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Digitally signed by Justice Pankaj Digitally signed by Justice Vivek Naqvi Agarwal Date: 2020.11.11 18:15:55 IST Date: 2020.11.11 18:20:19 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad

Sridhar (Uma Shankar Dubey) and 2 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Sridhar (Uma Shankar Dubey) and 2 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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