Disposed

Ram Pravesh Singh Alias Ram Pravesh Yadav v. State of U.P. Thru. Station in Charge Office Lucknow

Allahabad HC19 Feb 2024CRLP/1167/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the court examined the delayed investigation and granted conditional interim protection against arrest for the petitioner while directing the recording of his statement and exchange of pleadings.

What did the court decide?

Interim grant of protection against arrest subject to recording the petitioner's statement; directed exchange of pleadings within eight weeks.

Ram Pravesh Singh Alias Ram Pravesh Yadav vs State of… — Cheque Dishonour | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1167 of 2024 Petitioner :- Ram Pravesh Singh Alias Ram Pravesh Yadav Respondent :- State Of U.P. Thru. Station In Charge Office Lucknow Counsel for Petitioner :- Km. Vasundhara Mathur,Dhruv Mathur,Pranav Agarwal Counsel for Respondent :- G.A.

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Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

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Heard.

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"Petitioner is permitted to implead State of U.P. appropriately as also the Investigating Officer of the case separately during course of the day and provide copy of the petition to learned Government Advocate.

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Let learned AGA seek instructions as to what is the evidence against the petitioner, as, the impugned FIR is of 21.02.2021 and it is said that investigation is still going on. The other co-accused have been granted relief by this Court, copies of the said order are annexed as Annexures 1, 2, 3 and 4.

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Put up day after tomorrow i.e., 21.02.2024, as fresh."

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Today, learned AGA says that investigation is going on and Section 120-B IPC is also there. However. on being asked as to why investigation has not been completed uptill now and why at this stage the police is after the petitioner, no satisfactory reply could be given except that the investigation will be completed at the earliest.

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As other accused have been granted relief by this Court vide Annexure, 1, 2, 3 and 4, it is provided that the petitioner shall not be arrested on the basis of the impugned FIR bearing case Crime No. 0023 of 2021, under Sections 420, 467, 468, 471, 201, 204, 120B IPC, registered at Police Station SIT, District Lucknow unless there is sufficient and cogent evidence available against him. However, the petitioner shall get his statement recorded before the Investigating Officer as and when he is called. If the petitioner does not do so, then, it can be made a ground for seeking vacation of this interim order.

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Considering the fact opposite party no. 3 is police officer itself, therefore, notice need not be issued to opposite party no. 3, as, he is also represented by Mr. S.P. Singh, learned AGA.

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Let pleadings be exchanged within eight weeks.

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List thereafter along with Criminal Misc. Writ Petition No. 665 of 2024 and Criminal Misc. Writ Petition No. 915 of 2022.

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[Narendra Kumar Johari, J.] [Rajan Roy, J.]

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Order Date :- 21.2.2024 Santosh/-

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Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ram Pravesh Singh Alias Ram Pravesh Yadav v. State of U.P. Thru. Station in Charge Office Lucknow

Case brief

What is this about?

What did the court decide?

Ram Pravesh Singh Alias Ram Pravesh Yadav v. State of U.P. Thru. Station in Charge Office Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

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