Partly allowed

Abhishek Bharadwaj and 4 Others v. State of Up and 2 Others

Allahabad HC26 Jul 2024CRLP/10436/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of FIR and non-arrest direction partly dismissed. Three petitioners found guilty of offence under Section 67 IT Act; petition dismissed. Against remaining three, notice issued and interim protection from arrest granted until police report submission.

What did the court decide?

Petition dismissed for three petitioners; interim stay on arrest granted to three others pending police report under Section 173(2) CrPC subject to cooperation.

Abhishek Bharadwaj and 4 Others vs State of Up and 2 Others — Quashing and FIR | Allahabad HC (2024)

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 10436 of 2024 Petitioner :- Abhishek Bharadwaj And 4 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Pankaj Mishra Counsel for Respondent :- Arvind Kumar Sahu,G.A.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Arun Kumar Singh Deshwal,J.

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1.Heard Shri Pankaj Mishra, learned counsel for the petitioners, Shri Arvind Kumar Sahu, learned counsel for the informant and Shri Ajay Kumar Sharma, learned AGA for the State.

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 31.05.2024 arising out of Case Crime No.075 of 2024, under Sections- 376(2) (n), 342, 452, 506, 504, 323 & 406 IPC, Police Station-Visharatganj, District- Bareilly and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

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Submission of learned counsel for the petitioners is that informant herein is a married lady and the allegations under Section 376(2) (n) have been levelled on the ground of false marriage which is not possible as she is already a married lady and other family members have been falsely implicated.

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Per contra, learned counsel for the informant and learned AGA have opposed the prayer and submits that a cognizable offence has been made out. Learned AGA further pointed out that Section 67 of the IT Act has been added during course of investigation.

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Perusal of the statement recorded under Section 164 Cr.P.C. when she has taken specific role of Abhsishek Bharadwaj, Prince and Shivangi in respect of having committed an offence under Section 67 IT Act as well. As such, we do not find any good ground to entertain the petition in so far as the petitioner no. 1-Abhishek Bharadwaj, petitioner no.3-Prince, petitioner no.4- Shivangi are concerned.

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Petition in respect of petitioner no. 1-Abhishek Bharadwaj, petitioner no.3-Prince, petitioner no.4- Shivangi, stands dismissed.

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In respect of other three petitioners, i.e., petitioners no. 2 and

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5 herein, matter requires consideration.

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Issue notice to the respondent/informant returnable at an early date.

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All the respondents are granted four weeks time to file counter affidavit. The petitioners shall have three weeks thereafter to file rejoinder affidavit.

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List immediately thereafter.

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Till the next date of listing or till submission of police report under Section 173 (2) CrPC, whichever is earlier, the petitioners no. 2 and 5 herein shall not be arrested in pursuance of the impugned First Information Report dated 31.05.2024 arising out of Case Crime No.075 of 2024, under Sections- 376(2) (n), 342, 452, 506, 504, 323 & 406 IPC, Police StationVisharatganj, District- Bareilly, provided the petitioners cooperate in the investigation.

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Order Date :- 26.7.2024 RKM

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

Abhishek Bharadwaj and 4 Others v. State of Up and 2 Others

Case brief

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Abhishek Bharadwaj and 4 Others v. State of Up and 2 Others

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