Dismissed

Shivansh Tomar v. State of U.P. and 2 Others

Allahabad HC2 Feb 2023CRLP/1090/2023

Case brief

AI extract

What is this about?

The High Court rejected three criminal miscellaneous writ petitions filed by the Shivansh, Babita, and Pramod Tomar families. The petitioners sought to quash an FIR registered in District Ghaziabad, the arrest of the accused, and protection against arrest. The Court dismissed the petitions noting that a chargesheet had already been forwarded against most accused persons, finding no grounds to ente

What did the court decide?

The prayers to quash the FIR and for prohibition of arrest were dismissed.

Shivansh Tomar Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1090 of 2023 Petitioner :- Shivansh Tomar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram M. Kaushik,Priyanka Midha Counsel for Respondent :- G.A.,A.C.Srivastava

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With

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Case :- CRIMINAL MISC. WRIT PETITION No. - 19637 of 2022 Petitioner :- Smt. Babita Tomar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram M. Kaushik,Priyanka Midha Counsel for Respondent :- G.A.,A.C.Srivastava

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With

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Case :- CRIMINAL MISC. WRIT PETITION No. - 16908 of 2022 Petitioner :- Pramod Kumar Tomar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram M. Kaushik,Priyanka Midha Counsel for Respondent :- G.A.,A.C.Srivastava,Devesh Vikram

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Hon'ble Vivek Kumar Birla,J. Hon'ble Saurabh Srivastava,J.

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Heard Sri Abhishek Ghosh, learned counsel holding brief of Sri Ram M. Kaushik, learned counsel for the petitioners as well as Sri G.P. Singh, learned A.G.A. for the State respondents.

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All the writ petitions have been preferred with the prayer to quash the impugned First Information Report dated 03.09.2022 registered as Case Crime No. 679 of 2022, under Sections 498A, 494, 420, 307, 120-B IPC, and 3/4 D.P. Act, P.S. Cantt., District Gorakhpur (transferred to Police Station Kavinagar, District Ghaziabad), and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.

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On instructions, learned AGA submits that out of 6 accused persons, chargesheet bearing C.D. No.16 dated 26.01.2022 has already been forwarded against four accused persons, namely, Promod Tomar, Babita Tomar, Arun Ahlawat and Susheel Ahlawat (accused in connected matters) and the investigation is

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pending against Shivanshu and Nishant Tomar. The same is taken on record.

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In this background, we do not find any good ground to entertain these petitions as chargesheet has already been forwarded against majority of the accused persons.

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Present petition is accordingly dismissed .

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Order Date :- 2.2.2023 Vivek Kr.

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Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad

Shivansh Tomar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Shivansh Tomar 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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