Chandra Vijay Yadav @ C.V. Azad v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. U.P. and Others

Allahabad HC19 Apr 2024CRLP/2745/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR under Section 384 IPC alleging false implication. The court issued notice to respondent no.4, sought a counter affidavit in four weeks, and granted interim protection from arrest until the earlier of the next listing date or filing of the Section 173(2) CrPC police report, subject to cooperation with investigation.

What the court decided

AI extract

Chandra Vijay Yadav @ C.V. Azad vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2745 of 2024

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Petitioner :- Chandra Vijay Yadav @ C.V. Azad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. U.P. And Others

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Counsel for Petitioner :- Anil Kumar Yadav,Manoj Kumar 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 the petitioner and learned A.G.A. for the State.

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By means of this petition, the petitioner has assailed the First Information Report dated 11.03.2024 bearing Case Crime No.0064 of 2024, under Section-384 I.P.C. registered at Police Station-Kachhauna, District-Hardoi.

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Learned counsel for the petitioner has submitted that petitioner has been falsely implicated as he has not committed any offence as alleged in the impugned F.I.R. He further submitted that even as per content of the F.I.R. no criminal case is made out against petitioner as no money is paid to the petitioner under any threat. Having malafide and ulterior motives in his mind, the respondent no.4 has lodged the impugned F.I.R.

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The matter requires consideration.

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

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Steps for service may be taken within one week.

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Office to proceed accordingly.

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Let the counter affidavit be filed within a period of four weeks.

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List this case after four weeks.

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It is provided that till the next date of listing/till completion of the investigation/till filing of the police report under Section 173(2) Cr.P.C. whichever is earlier, petitioner shall not be arrested in the aforesaid case crime number. However, he shall cooperate in the investigation which shall go on and if he does not do so, it can be made a ground for seeking vacation of this interim order.

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Order Date :- 19.4.2024 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

Chandra Vijay Yadav @ C.V. Azad v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. U.P. and Others

Case brief

What is this about?

What the court decided

Chandra Vijay Yadav @ C.V. Azad v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. U.P. and Others

Case brief

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What the court decided

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