Disposed

Saeeda Fatima Ashraf v. State of U.P. Thru. Its Prin. Secy. Home, U.P. Sachivalaya Lko. and Others

Allahabad HC1 Jul 2024CRLP/2073/2024

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What is this about?

This court granted an interim direction prohibiting arrest of an elderly, ill petitioner in a criminal case pending investigation, while rejecting the request to quash the FIR. The petitioner remains required to cooperate with the investigation.

What did the court decide?

Petitioner to not be arrested till next date; must cooperate with investigation and record statement; FIR not quashed.

Saeeda Fatima Ashraf vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2073 of 2024

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Petitioner :- Saeeda Fatima Ashraf Respondent :- State Of U.P. Thru. Its Prin. Secy. Home, U.P. Sachivalaya Lko. And Others Counsel for Petitioner :- Nadeem Murtaza,Bhanu Bajpai,Paavan Awasthi,Prashast Puri 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 writ petition, the petitioner has sought for quashing of the First Information Report dated 13.3.2024 registered as Case Crime No. 0245 of 2024 under Sections 419, 420, 467, 468, 471 IPC and Sections 2 and 3 of Prevention of Damage to Public Property Act, 1984 at P.S. Kotwali, District Barabanki and for a direction to the respondents not to arrest the petitioner pursuant to the impugned FIR.

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Let notice be issued to the opposite party no. 3.

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Pleadings be exchanged within eight weeks.

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List immediately thereafter.

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Considering the submissions of petitioner's counsel that the petitioner is a 67 year old lady, who is suffering from cirrhosis of liver and is to undergo liver transplant, legal proceedings in respect of the land in question are pending, in fact, they have been going on for long and after the decision of the title suit on 12.2.2024, an appeal has been preferred against the order of the Sub Divisional Magistrate concerned and also as the petitioner's claim to be in possession but without recording any conclusive opinion in respect of any of the issues involved which can be investigated and the petitioner should also get her statement recorded in the said investigation and also considering the allegation made in the FIR appears to be quite vague, it is provided that till the next date of listing, the petitioner shall not be arrested in pursuance to the First Information Report dated 13.3.2024 registered as Case Crime No. 0245 of 2024 under Sections 419, 420, 467, 468, 471 IPC and Sections 2 and 3 of Prevention of Damage to Public Property Act, 1984 at P.S. Kotwali, District Barabanki.

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The petitioner shall, however, cooperate in the investigation and get her statement recorded before the Investigating Officer as and when he is called. The investigation shall go on.

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This order shall, however, have no bearing whatsoever on any civil or revenue proceedings pending in any court or forum.

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

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Order Date :- 22.3.2024 AKK

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

Saeeda Fatima Ashraf v. State of U.P. Thru. Its Prin. Secy. Home, U.P. Sachivalaya Lko. and Others

Case brief

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Saeeda Fatima Ashraf v. State of U.P. Thru. Its Prin. Secy. Home, U.P. Sachivalaya Lko. and Others

Case brief

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