Sajan @ Sajan Kashyap v. State of U.P. Thru Prin.Secy. Home Lko and Ors.

Allahabad HC10 Dec 2024CRLP/257/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR under Sections 323, 452, 506 and 364 IPC alleging kidnapping, where opposite party no.5 confirmed in Court that she had married the petitioner and lived with him with two children. The court issued notice to opposite party no.4, granted interim protection from arrest subject to cooperation in investigation, and listed for pleadings.

What did the court decide?

Interim protection: petitioner not to be arrested unless cogent evidence exists, subject to cooperation in investigation.

Sajan @ Sajan Kashyap Vs State of U.P. Thru Prin.Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 257 of 2024

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Petitioner :- Sajan @ Sajan Kashyap Respondent :- State Of U.P. Thru Prin.Secy. Home Lko And Ors.

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Counsel for Petitioner :- Satish Kumar Misra,Dr.Mohd.Kamran

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Counsel for Respondent :- G.A.,Ashish Kumar Mishra

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Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

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Heard learned counsel for the petitioners and learned Additional Government Advocate for the State. Sri Ashish Kumar Mishra, Advocate has filed Vakalatnama on behalf of opposite party no.5. Opposite party no.5 is also present and has been identified by her counsel.

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By means of this petition, the petitioner has sought quashing of First Information Report dated 12.05.2022 bearing Case Crime No.0178/2022 alleging commission of offence under Sections323, 452, 506, 364 I.P.C. lodged with Police Station-Bhinga, District-Shrawasti.

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As opposite party no.5 is present in Court, therefore, we asked one of the young lady lawyer, namely, Ms. Ananya Dubey to sit with her and find out her version to re-assure ourselves. After talking to her Ms. Ananya Dubey says that opposite party no.5 has married the petitioner and is living with him. She has two children from the said wedlock. For these services, Ms. Ananya dubey would be entitled to Rs.5,000/- (Rupees Five Thousand Only) from the High Court.

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Let notice be issued to opposite party no.4.

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Pleadings be exchanged between the parties within eight weeks. List thereafter.

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Petitioner submits that opposite party no.5 resides with her ever since their marriage in 2021. Earlier also, F.I.R. was lodged by the father of opposite party no.5 wherein Final Report was prepared as is mentioned in the interim order passed by this Court on 17.09.2021 read with order dated 28.09.2021 and the factum of their marriage is also mentioned in the order dated 08.06.2022 passed in Criminal Misc. Writ Petition No.3655 of

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2022 to which both the petitioner and opposite party no.5 were parties but subsequently another F.I.R. which is impugned herein has been lodged on 12.05.2022 alleging that custody of opposite party no.5 was handed over to the informant sometime in 2021 itself and thereafter, the petitioner committed the crime at his house when opposite party no.5 was living with him. This contention, according to the petitioner's counsel, is absolutely false and he says that petitioner and opposite party no.5 are still living with each other and have two children from their wedlock. Petitioner came to know about the said F.I.R. only when the police starting harassing him.

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Considering these submissions, we are of the view that the petitioner is entitled to interim protection. It is provided that petitioner shall not be arrested in the aforesaid criminal case unless there is sufficient and cogent evidence available against him indicating commission of criminal offence as alleged in the impugned First Information Report. However, he shall cooperate in the investigation and get his statement recorded before the Investigating Officer as and when called and 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.) (Rajan Roy,J.)

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Order Date :- 12.1.2024 Shanu/-

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Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench

Sajan @ Sajan Kashyap v. State of U.P. Thru Prin.Secy. Home Lko and Ors.

Case brief

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Sajan @ Sajan Kashyap v. State of U.P. Thru Prin.Secy. Home Lko and Ors.

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