Disposed

Nikhil v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC18 Mar 2024CRLP/1828/2024

Case brief

AI extract

What is this about?

This order in a criminal miscellaneous writ petition directed impleadment of the Commissioner of Police to verify allegations of false FIR registration and procedural lapses. The court also granted a conditional stay on the petitioner's arrest pending further instructions.

What did the court decide?

Stay on arrest granted unless sufficient credible evidence is available; Commissioner of Police to be impleaded and verify facts.

Nikhil vs State of U.P. Thru. Prin. Secy. Home Lko. and… — Bail and Remand | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1828 of 2024

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Petitioner :- Nikhil

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Rajeev Kumar Srivastava 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 Shri Rajeev Kumar Srivastava, learned counsel for the petitioner and learned A.G.A. for the State.

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Let the petitioner implead the Commissioner of Police, Lucknow as an opposite party during the course of the day.

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The petitioner seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0054 of 2024, under Sections 147, 323, 352, 504, 506, 392 IPC, Police Station- Gomti Nagar, District- Lucknow East (Commissionerate Lucknow).

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Considering the contention of the petitioner's counsel that in fact, it is the petitioner's side which was beaten up on 29.01.2024 but when they went to lodge the F.I.R. the mother of the petitioner was made to sit at the Police Station- Gomti Nagar, Lucknow till one o'clock in the night but the medical examination was not got done and ultimately F.I.R. was also not registered, Two days thereafter as part of a conspiracy an F.I.R. has been lodged by the informant which is impugned herein alleging an incident of 30.01.2024, whereas, the incident is of 29.01.2024 and it is the petitioner's side which is victim, let the Deputy Commissioner of Police concerned look into the matter in light of the allegations made in the writ petition, verify the facts and assist the Court accordingly on the next date by providing requisite instructions to the learned A.G.A.

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Let dasti notice be issued to the petitioner for service upon opposite party no. 3 through the opposite party no. 2.

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List/ put up on 29.04.2024.

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Learned A.G.A. to ensure compliance.

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Till the next date of listing, it is provided that the petitioner shall not be arrested in Case Crime No. 0054 of 2024, under Sections 147, 323, 352, 504, 506, 392 IPC, Police StationGomti Nagar, District- Lucknow East (Commissionerate Lucknow), unless there is sufficient and credible evidence

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available against him indicating commission of criminal offence as alleged in the impugned FIR.

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

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Order Date :- 18.3.2024 R.K.P.

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

Nikhil v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Nikhil v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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