Allowed

Ram Khaladi and 5 Others v. State of U.P. and 2 Others

Allahabad HC27 Aug 2020CRLP/8346/2020

Case brief

AI extract

What is this about?

A criminal miscellaneous writ petition filed by six petitioners seeking quashing of an F.I.R. and an undertaking regarding non-arrest pending submission of the police report. The court allowed an exemption from filing the certified FIR due to COVID-19 and directed the petitioners not to be arrested until the police report under Section 173(2) Cr.P.C. is submitted.

What did the court decide?

Non-arrest of petitioners until submission of police report under Section 173(2) Cr.P.C.; exemption to forego filing of certified FIR copy.

Ram Khaladi and 5 Others Vs State of U.P. and 2… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8346 of 2020

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Petitioner :- Ram Khaladi And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Chandra Dwivedi 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 Prem Chand Dwivedi, learned counsel for the petitioners, Smt. Archana Singh, 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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An exemption application has been filed on behalf of the petitioners along with present petition seeking exemption of the filing of certified copy of F.I.R. as it could not be made available to the petitioners due to COVID-19.

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The exemption application is allowed. The filing of certified copy of the F.I.R. is hereby exempted.

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This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 27.02.2018 registered as case crime no. 167 of 2018 under Sections 147, 148, 149, 323, 307, 504 I.P.C., police station Fatehabad, district Agra.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the impugned first information report lodged by the respondent no.3. This is the case of no injury as none has received any kind of injury in the incident as alleged by the respondent no.3. He further submits that whole story of prosecution as narrated is nothing but bundle of tissue of lie and has no leg to stand. It is also submitted that no such type of incident has ever taken place as alleged in the first information report.

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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, Ram Khaladi, Bhoori Singh, Shymveer, Ranveer, Rajkumar and Rakesh, shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of

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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 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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Order Date :- 27.8.2020 Prajapati

Ram Khaladi and 5 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Ram Khaladi and 5 Others v. State of U.P. and 2 Others

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