The court issued notice in a writ petition seeking quashing of an FIR and granted interim protection against arrest, subject to the petitioner cooperating with the investigation.
Interim protection against arrest granted till next date of listing, subject to cooperation in investigation.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 2766 of 2024 Petitioner :- Brhmaadeen Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Lko. And Others Counsel for Petitioner :- Dheerendra Kr. Agnihotri,Arun Kumar Bharti Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned AGA for the State-respondent and perused the record.
The petitioner seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 06.04.2024 bearing Case Crime No.0102 of 2024 under Sections 419, 420, 467 & 468 IPC, Police Station- Nighasan, District- Kheri.
Learned counsel for the petitioner states that petitioner is innocent and he has been falsely implicated in the case. The dispute between the parties is purely civil in nature and can be decided only by a Revenue court.
A case for consideration is made out.
Issue notice to opposite party no. 4.
Let the pleadings be exchanged within four weeks.
List this case after four weeks.
Considering the submissions made, it is provided that till the next date of listing, petitioner shall not be arrested in pursuance to the First Information Report dated 06.04.2024 bearing Case Crime No.0102 of 2024 under Sections 419, 420, 467 & 468 IPC, Police Station- Nighasan, District- Kheri. The petitioner shall, however, cooperate in the investigation and get his statements recorded before the Investigating Officer as and when he is called. If he does not do so then it can be a ground for seeking vacation of this inter interim order.
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(Narendra Kumar Johari,J) (Vivek Chaudhary,J)
Order Date :- 19.4.2024 Reena/-
Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the FIR discloses a case for quashing on the ground of civil dispute
Whether the petitioner is entitled to interim protection against arrest
1 provisions across 1 enactments
Brhmaadeen
State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. U.P. Lko. And Others
Vivek Chaudhary
Narendra Kumar Johari
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
