Amravati and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Allahabad HC22 Apr 2024CRLP/2795/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR registered under Sections 420 and 406 IPC arising from a property transaction where an agreement to sell was allegedly followed by a sale deed in favour of a third person. Court found prima facie case for consideration, granted counter affidavits, listed after four weeks, and protected petitioners from arrest till next date.

What the court decided

AI extract

Amravati and Others vs State of U.P. Thru. Addl. Chief… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2795 of 2024

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Petitioner :- Amravati And Others

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

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Counsel for Petitioner :- Bhupendra Prakash,Manish Kumar,Sanjay Kumar Misra

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Counsel for Respondent :- G.A.,Matri Datt Tripathi

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

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Heard learned counsel for petitioners, Sri Matri Datt Tripathi, learned counsel for respondent-informant 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 29.03.2024 bearing Case Crime No.0112 of 2024 registered under Sections 420 & 406 I.P.C. at Police Station-Mohanlalganj, District-Lucknow, South (Commissionerate Lucknow)

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The sole allegation in the F.I.R. is that late Chhotelal and Sudarlal had executed an agreement to sell in favour of informant-respondent no.4, however, later they executed the sale deed in favour of third person. Learned counsel for petitioners submits that the dispute is purely civil in nature and only to harass the petitioners, respondent no.4 has lodged the present F.I.R. as petitioners have not committed any offence as alleged in the impugned F.I.R.

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Prima facie a case for consideration is made out.

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Three weeks time is granted to respondents for filing counter affidavit.

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One week time thereafter shall be available to petitioners for filing rejoinder affidavit, if any.

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7. List this case after four weeks.

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It is provided that petitioners 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 them pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioners shall cooperate in the investigation, which shall go on. If they do not do so, it shall be a ground vacation of this interim order.

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Order Date :- 22.4.2024 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

Amravati and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Case brief

What is this about?

What the court decided

Amravati and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Case brief

What is this about?

What the court decided

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