Disposed

Flipkart Internet Pvt. Ltd. Thru. Authorized Representative Mr. Karunesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC8 Apr 2024CRLP/2456/2024

Case brief

AI extract

What is this about?

Interim order passed in a criminal writ petition seeking quashing of FIR for offences under Sections 406 and 420 IPC. The Court issued notice, directed exchange of pleadings, and granted interim protection from arrest subject to compliance with police procedure.

What did the court decide?

Interim protection from arrest granted subject to statement recording.

Flipkart Internet Pvt. Ltd. Thru. Authorized… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2456 of 2024 Petitioner :- Flipkart Internet Pvt. Ltd. Thru. Authorized Representative Mr. Karunesh Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Aishwarya Pratap Singh Counsel for Respondent :- G.A.

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

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Supplementary affidavit filed today is taken on record.

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Learned counsel for the petitioner submits that he may be permitted to correct the prayer number- I, during course of the day.

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Heard learned counsel for the parties and perused the record.

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By means of this petition, the petitioner has sought quashing of F.I.R. dated 08.02.2024 bearing Case Crime/FIR No.0031/2024, for the offence under Sections 406 & 420 I.P.C., at Police Station Gomti Nagar Extension District Lucknow.

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Learned counsel for the petitioner states that petitioner is accompanied with and regularly engaged with the said business and there are no any fraud played by the petitioner with the company. Entire FIR is false and is contrary to the settled procedure, which is duly followed on delivery of goods.

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A case for consideration is made out.

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Issue notice to opposite party No.3.

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Let pleadings be exchanged with four weeks.

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List this case after four weeks.

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Considering the submission made, it is provided that the petitioner shall not be arrested on the basis of the impugned First Information Report, unless and until there is sufficient and cogent evidence available against him regarding commission of the offence. He will get his statement recorded before the Police as and when he is called. If he does not do so, then it can be made a ground for seeking vacation of this interim order.

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

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Order Date :- 22.4.2024 / Reena/-

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Flipkart Internet Pvt. Ltd. Thru. Authorized Representative Mr. Karunesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Flipkart Internet Pvt. Ltd. Thru. Authorized Representative Mr. Karunesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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