Allowed

Arjun Singh and 2 Others v. State of U.P. and 2 Others

Allahabad HC23 Jun 2020CRLP/6142/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition seeking to quash an FIR for attempted rape, the High Court allowed the petition solely to grant protection against arrest pending the submission of a police report, subject to cooperation with investigation.

What did the court decide?

Protection against arrest granted pending submission of police report under Section 173(2) Cr.P.C.

Arjun Singh and 2 Others Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2020)

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Court No. - 50

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6142 of 2020

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Petitioner :- Arjun Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Srivastava Counsel for Respondent :- G.A.

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Hon'ble Bachchoo Lal,J. Hon'ble Ram Krishna Gautam,J.

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This petition under Article 226 of the Constitution of India has been filed by Arjun Singh, Arun Kumar and Savitri Devi, with a prayer for issuance of writ of certiorari quashing the First Information Report dated 22.03.2020 registered as case crime no. 43 of 2020, under sections 452,323,504,376 and 511 IPC, Police Station Mohabbatpur Painsa, District Kaushambi.

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Learned counsel for the petitioners argued that it was a malicious prosecution as a counter blast in response to a case lodged by petitioners against present informant side. No such occurrence was ever occurred and it was got registered by way of an application moved under Section 156 (3) Cr.P.C. Whereas, the police report was of this fact that no such occurrence has ever been occurred rather, it was a concoction in response to a case previously lodged on the instance of the present petitioners, hence this petition with above prayer.

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Learned A.G.A. has vehemently opposed with this contention that this offence is of attempt to commit rape and it was got registered by way of application moved before Magistrate.

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A perusal of First Information Report reveals that it was an occurrence wherein all named petitioners had rushed and committed assault. Wherein Arun Kumar, accused no. 1 asked Arjun Singh, accused no. 2, to take the prosecutrix and commit rape with her. No medico legal report is there.In such circumstances, without going into the merit of investigation there seems a ground for mere grant of protection against arrest till submission of police report under Section 173 (2) Cr.P.C. provided petitioners cooperate with investigation and they do not interfere with the evidence.

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With above direction this writ petition is finally disposed of.

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Order Date :- 23.6.2020 Deepak/

Arjun Singh and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Arjun Singh and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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