Disposed

Shri Kishan and 5 Others v. State of U.P. and 2 Others

Allahabad HC27 Aug 2020CRLP/8293/2020

Case brief

AI extract

What is this about?

In an unreported criminal miscellaneous writ petition filed to quash an FIR, this Court directed that the petitioners not be arrested under Cr.P.C. until the police report is submitted while mandating their cooperation with the investigation before dismissing the petition.

What did the court decide?

Petitioners shall not be arrested till submission of police report under s. 173 Cr.P.C. but shall cooperate with investigation.

Shri Kishan and 5 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8293 of 2020

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Petitioner :- Shri Kishan And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.

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Heard Sri Rohit Kumar Singh, learned counsel for the petitioners, Km. Meena, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 3.3.2020 registered as case crime no. 0085 of 2020 under sections 2/3 Damages of Prevention of Public Property Act, 1984, police station Sikandra Rao, District Hathras.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case only to cause harassment with oblique motive. He further submits that the alleged primary school was constructed on Gata nos.115 and 116 whereas the house of the petitioners are constructed over Gata no.95, and as such, the petitioners have not encroached any Government land. The allegations levelled against the petitioners are absolutely false, frivolous and baseless just for harassment, hence the present F.I.R. is liable to be quashed.

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Learned A.G.A. opposed the prayer for quashing.

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners, namely, Shri Kishan, Viresh, Brijesh @ Swami, Ram Viresh, Boby and Seetu, shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C., if any, before the competent court but they shall co-operate with the investigation of the case.

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With the above direction this petition is finally disposed of.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity

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proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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(Ajit Singh, J.) (Ramesh Sinha, J.)

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Order Date :- 27.8.2020 Prajapati

Shri Kishan and 5 Others v. State of U.P. and 2 Others

Case brief

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Shri Kishan and 5 Others v. State of U.P. and 2 Others

Case brief

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