Partly allowed

Kunvar Ramendra Singh Chauhan v. State of U.P. Thru. Secy. Home Deptt. Lucknow and Others

Allahabad HC28 Feb 2024CRLP/1307/2024

Case brief

AI extract

What is this about?

This is an interim order in a criminal miscellaneous writ petition seeking quashing of an FIR based on civil/revenue disputes and prior sale deeds. The court directed that the petitioners shall not be arrested unless sufficient and cogent evidence of commission of the alleged offences is available.

What did the court decide?

Petitioner granted protection from arrest unless sufficient and cogent evidence of offence is available; investigation to continue.

Kunvar Ramendra Singh Chauhan vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1307 of 2024

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Petitioner :- Kunvar Ramendra Singh Chauhan Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lucknow And Others

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Counsel for Petitioner :- O.P. Tiwari Counsel for Respondent :- G.A.

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

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Connect and list along with Criminal Misc. Writ Petition No.1278 of 2024 [Tariq Yusuf Khan & Anr. vs. State of U.P. & Ors.].

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In this case, sale deed by which the petitioner has purchased the land in question is dated 29.12.2020. In the above mentioned writ petition filed by the co-accused, we have already granted interim protection on 22.02.2024 in the following terms:-

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"Shri Saket Kumar Gupta, Advocate has filed his vakalatnama on behalf of opposite party no. 4. The same is taken on record.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and Shri Saket Kumar Gupta, learned counsel for the opposite party no. 4.

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The petitioners seek issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0036 of 2024, under Sections 419, 420, 467, 468, 471, 506 IPC, Police Station- Kotwali Malihabad, District- Lucknow.

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The contention of the petitioners' counsel is that proceedings under Section 30 of the U.P. Revenue Code, 2006 as also civil suits amongst various parties including the opposite party no. 4 and petitioners are pending and the case of the petitioners is that it is essentially a civil/revenue dispute which can be sorted out in the aforesaid proceedings, but, the F.I.R. has been lodged by the Power Attorney Holder opposite party no. 4 of Mohd. Danish Ali who in fact sold the property purchased by him from Javed to Loknath on 12.04.2021 and the petitioners' sale deed is of a prior date 13.12.2020, therefore, the F.I.R. is required to be quashed.

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Let counter affidavit be filed by opposite parties within a period of six weeks.

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Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

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List thereafter.

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Considering the contention of the petitioners' counsel that proceedings under Section 30 of the U.P. Revenue Code, 2006 as also civil suits amongst various parties including opposite party no. 4 and petitioners are pending and the case of the petitioners is that it is essentially a civil/revenue dispute which can be sorted out in the aforesaid proceedings, but, the F.I.R. has been lodged by the Power Attorney Holder opposite party no. 4 of Mohd. Danish Ali who in fact sold off the property purchased by him from Javed to Loknath on 12.04.2021 and the petitioners' sale deed is of a prior date 13.12.2020, it is provided that the petitioners shall not be arrested in Case Crime No. 0036 of 2024, under Sections 419, 420, 467, 468, 471, 506 IPC, Police Station- Kotwali Malihabad, District- Lucknow, unless there is sufficient and cogent evidence available against the petitioners indicating commission of any offence by them as alleged in the impugned FIR.

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The investigation shall go on.

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The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called. "

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The benefit of interim order passed therein shall be available to the petitioner of this petition on the same terms.

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Issue notice to opposite party no.4.

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Pleadings be exchanged between the parties.

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List thereafter.

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(Narendra Kumar Johari,J.) (Rajan Roy,J. )

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Order Date :- 28.2.2024 Shanu/-

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Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench

Kunvar Ramendra Singh Chauhan v. State of U.P. Thru. Secy. Home Deptt. Lucknow and Others

Case brief

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Kunvar Ramendra Singh Chauhan v. State of U.P. Thru. Secy. Home Deptt. Lucknow and Others

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