The High Court of Judicature at Allahabad, Lucknow Bench, considered a criminal writ petition seeking quashing of an FIR. The court directed exchange of pleadings and granted protection from arrest until the next hearing date.
Release of petitioner from arrest until the next date of listing after exchange of pleadings.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 2395 of 2024
Petitioner :- Manoj Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Yogesh Kumar Mishra,Dharmendra Kumar Yadav Counsel for Respondent :- G.A.,Ritesh Kumar Srivastava,Vaibhav Tripathi
Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State/respondent Nos. 1 and 2 as well as learned counsel for respondent No.3/informant and perused the record.
Supplementary affidavit filed today is taken on record.
By means of this petition, the petitioner has sought quashing of the impugned First Information Report dated 21.03.2024, bearing Case Crime/F.I.R. No.0195/2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, District Sultanpur.
Learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the case. Learned counsel for the petitioner has further submitted that along with the supplementary affidavit he has filed correction deed whereby he has got the sale deed corrected and now he is only claiming land at the back of his house and is not claiming any right over the land at the back of the house of the informant.
In the given circumstances, case for consideration is made out.
Let the pleadings be exchanged within four weeks.
List thereafter.
In view of the above, it is provided that till the next date of listing petitioner - Manoj Mishra, shall not be arrested in
pursuance to the impugned First Information Report dated 21.03.2024, bearing Case Crime/F.I.R. No.0195/2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Nagar, District Sultanpur.
(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.)
Order Date :- 5.7.2024
ML/-
Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioner should be released from arrest while the quashing petition is being considered.
Manoj Mishra
State Of U.P.
Vivek Chaudhary
Narendra Kumar Johari
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
