Disposed

Gulab Chandra Srivastava v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Allahabad HC15 Apr 2024CRLP/2643/2024

Case brief

AI extract

What is this about?

In a criminal writ petition for quashing of an FIR, the Allahabad High Court granted interim protection against arrest conditionally. The court directed the State to file a counter-affidavit and listed the matter for hearing after six weeks.

What did the court decide?

Petitioner sheltered from arrest till next date; notice to respondents to file counter-affidavit within four weeks.

Gulab Chandra Srivastava 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. - 2643 of 2024

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Petitioner :- Gulab Chandra Srivastava

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others

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Counsel for Petitioner :- Ashutosh Misra Counsel for Respondent :- G.A.

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

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Heard learned counsel for petitioner and learned A.G.A. for the State respondents.

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This petition seeks issuance of writ in the nature of certiorari quashing the First Information Report dated 10.11.2023 bearing Case Crime No.969 of 2023 registered under Sections 419, 420, 467, 468, 471 I.P.C. at Police Station-Kotwali Nagar, Gonda, District-Gonda.

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Submission of counsel for petitioner is that petitioner is innocent and has not committed any offence as alleged in the F.I.R. He further submits that petitioner is aged about 76 years and also retired from service way back in the year 2008.

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Learned A.G.A. on instructions states that investigation is under progress and only notice under Section 91 Cr.P.C. is issued to petitioner to which petitioner has also submitted his reply.

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Prima facie a case for consideration is made out.

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Issue notice to respondent no.4 returnable at an early date.

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Office will submit service report on the basis computerized tracking report.

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Respondent may file counter affidavit within four weeks.

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Two weeks time thereafter shall be available to petitioner for filing rejoinder affidavit.

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10. List this case after six weeks.

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It is provided that petitioner shall not be arrested till the next date of listing on the basis of impugned First Information Report, unless sufficient and cogent evidence is available against him pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioner shall cooperate in the investigation, which shall go on. If he do not do so, it shall be a ground vacation of this interim order.

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Order Date :- 15.4.2024 Arti/-

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[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Gulab Chandra Srivastava v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Case brief

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Gulab Chandra Srivastava v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Case brief

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