Partly allowed

Radhey Shyam and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Others

Allahabad HC2 Apr 2024CRLP/2235/2024

Case brief

AI extract

What is this about?

Petitioners moved the High Court seeking to quash an FIR under Sections 376, 344, 392 IPC and to stay their arrest. The Court directed notice to be issued and arrested the petitioners are stayed pending submission of a police report or the next hearing.

What did the court decide?

Arrest of the petitioners is stayed pending submission of the police report under Section 173(2) CrPC or the next date of hearing; notice issued to respondent no. 4.

Radhey Shyam and Others vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 2235 of 2024

¶3

Petitioner :- Radhey Shyam And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Others

¶4

Counsel for Petitioner :- Shailendra Pathak,Km. Anjali Gautam

¶5

Counsel for Respondent :- G.A.

¶6

Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

¶7

Heard learned counsel for petitioners and learned A.G.A. for the State and perused the record.

¶8

The present writ petition has been filed by the petitioners with the prayer to issue a writ, order or direction in the nature of certiorari quashing First Information Report dated 09.03.2024 bearing Case Crime No.59 of 2024 under Sections 376, 344, 392 I.P.C., Police Station Laliya, District Balrampur, registered against the petitioners, as contained in Annexure No.1 to the writ petition. A further prayer for issuing a writ, order or direction in the nature of Mandamus commanding and directing the respondents not to arrest the petitioners on the basis impugned FIR has been made.

¶9

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. Learned counsel for the petitioners further submits that all the allegations are against coaccused Mangal Dev and the petitioners are his family members and just to exert pressure they have been roped in and the police is trying to arrest them. It has also been stated that till date no recovery has been made from the petitioners.

¶10

Matter requires consideration.

¶11

Issue notice to respondent no.4. Petitioners shall take steps within a week.

¶12

Each of the respondents is granted three weeks; time to file counter affidavit. Rejoinder affidavit, if any, may also be filed within one week thereafter.

¶13

7. List after four weeks .

¶14

Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C., if any, before the competent court, whichever is earlier, the arrest of the petitioners- Radhey Shyam, Tulsiram alias Tulsi and Moti Lal in pursuance of the impugned FIR dated 09.03.2024 bearing Case Crime No.59 of 2024 lodged under Sections 376, 344, 392 I.P.C. at Police Station Laliya, District Balrampur, shall remain stayed, of course, subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

¶15

(Narendra Kumar Johari, J.)(Vivek Chaudhary, J.)

¶16

Order Date :- 3.4.2024 Arnima

¶17

Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Radhey Shyam and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Others

Case brief

What is this about?

What did the court decide?

Radhey Shyam and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Laxmi Das vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Nazibul Rahim Khan and Others vs State of U.P. Thru. Prin. Secy. Home and Others

Raman Sahni and Another vs State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and Others

Laxmi Das vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Nebu and Another vs State of U.P. Thru. Prin. Secy.Deptt. of Home and Others

Chandrabhan Singh vs District Magistrate Distt. Barabanki and Others