Allowed

Rashid v. State of Up and 3 Others

Allahabad HC16 Oct 2024CRLP/17691/2024

Case brief

AI extract

What is this about?

The petition sought quashing of an FIR alleging land boundary dispute under BNS sections, claiming false allegations. The court exercised discretion to dispose of the writ petition by following a prior judgment, restraining arrest while mandating a 60-day police investigation.

What did the court decide?

Restrained arrest subject to investigation; police to conclude investigation within 60 days; stay until cognizance on police report under S. 193(3) BNSS.

Rashid vs State of Up and 3 Others — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:164248-DB

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 17691 of 2024

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Petitioner :- Rashid Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rahul Singh Tomar Counsel for Respondent :- Balram Singh,G.A.

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Hon'ble Siddharth,J. Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Rahul Singh Tomar counsel for the petitioner, learned A.G.A. appearing for the State-respondent nos.1, 2 and 3 and Sri Balram Singh counsel for the respondent no. 4 are present.

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The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 14.08.2024 registered as Case Crime No. 127 of 2024, under sections- 191 (2), 318 (4), 338, 336 (3), 340 (2), 115 (2), 352, 351, (1) B.N.S., Police Station- Balaini, District - Baghpat, and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.

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There appears to be dispute with regard to the boundaries of the land. The counsel for the petitioner submits that the F.I.R. has been lodged on false allegations. Instead of instituting suit for cancellation of sale-deed allegedly executed by petitioner in favour of co-accused F.I.R. has been lodged. However, with regard to allegation made in the F.I.R. the police investigation is still going on.

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Accordingly, this writ petition is disposed of in view of the judgment passed by this Court in Criminal Miscellaneous Writ Petition No. 7463 of 2024 directing that till the next date of listing or till cognizance is taken on the police report submitted under Section 193(3)BNSS, by the court below, whichever is earlier. The respondents are restrained from arresting the petitioners pursuant to the First Information Report as aforesaid, subject to cooperation in ongoing investigation. The Police will conclude the investigation within a period of sixty days.

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Order Date :- 16.10.2024 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Rashid v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Rashid v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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