Disposed

Ashok @ Ashok Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC20 Mar 2024CRLP/2004/2024

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition, the Allahabad High Court refused to quash an F.I.R. regarding alleged police assault. Instead, the court directed a senior inquiry into police conduct, permitted an investigation sans arrest under Section 41-A Cr.P.C., and ordered exchange of pleadings.

What did the court decide?

Liberty granted to approach Superintendent of Police Hardoi for inquiry; investigation permitted without arrest under Section 41-A Cr.P.C.; Pleas exchanged within eight weeks.

Ashok @ Ashok Kumar and Others vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:24571-DB

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2004 of 2024

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Petitioner :- Ashok @ Ashok Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others

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Counsel for Petitioner :- Sanandan Kumar Misra,Bina Kumari Bajpai

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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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By means of this petition, the petitioners have sought quashing of F.I.R. dated 22.01.2024, bearing Case Crime No.0026/2024, for the offence under Section 447 I.P.C. and Section 2/3 of Prevention of Damage to Public Property Act, 1984, registered at Police Station Mallawan, District - Hardoi.

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We have perused paragraphs 11 and 12 of the writ petition, regarding an incident which is said to have taken place on 19.01.2024, a complaint of which has been submitted to the Superintendent of Police, Pratapgarh on 20th January, 2024. It is stated that Ram Lal Sonkar, Sub Inspector, Beat Incharge Mallawan, Hardoi along with two constables forcibly entered into the house of Charan Singh under the influence of liquor and also assaulted the inmates. The Circle Officer has submitted a false and concocted report on 21.03.2024 by cursorily saying that there is no evidence of any such incident having taken place. However, there are photographs which show that the said Ram Lal Sonkar had entered into the house of the petitioner in an inebriated state. He has invited our attention to the said photographs and thereafter as he had threatened the petitioners with false implication, the impugned F.I.R. has been lodged on 22.01.2024.

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Learned A.G.A. has invited our attention to the Report of the Circle Officer, according to which, husband of the Gram Pradhan had called the S.D.M., Bilgram about alleged encroachment upon on Gata No. 2128, which is recorded as Banjar land in the night of 19.01.2024 and, therefore, to enquire the matter, on the direction of the Sub Divisional Magistrate, the police had reached there. He says that the Revenue

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Authorities had informed the police about the encroachment by the petitioner, therefore, the action was taken and the story has been cooked up by the petitioners so as to falsely implicate the police personnel to avoid lodging of the F.I.R. and their arrest in pursuance thereof. He also says that in any case the offences alleged carry a sentence of less than 07 years. Therefore, Section 41-A Cr.P.C. is attracted.

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As factual disputes are involved, we give liberty to the petitioners to approach the Superintendent of Police, Hardoi, who shall get the matter enquired as to the conduct of the police personnel in the night of 19.01.2024 by the officer senior than the Circle Officer concerned and based on the result of the inquiry, he shall take such action as he deems appropriate. It is made clear that we have not expressed any opinion on the merits of the allegations by the petitioners. In the meantime, petitioners shall be entitled to the benefit under Section 41-A Cr.P.C. Investigation shall go on. Petitioners shall get their statement recorded before the police before the next date and if they fail to do so, then it shall be open for the Investigating Officer to inform the Court, accordingly.

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The Superintendent of Police, Hardoi shall get the investigation of the case monitored by a senior officer above the rank of Circle Officer.

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Let pleadings be exchanged between the parties within eight weeks.

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List thereafter.

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(Narendra Kumar Johari,J.) (Rajan Roy,J.) Order Date :- 20.3.2024 ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Ashok @ Ashok Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

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Ashok @ Ashok Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

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