Criminal petition sought quashing of FIR. Court granted interim order preventing petitioner's arrest and directed recording of statement before police for sufficiency of evidence.
Interim order preventing arrest and directing recording of statement before police.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 2818 of 2024 Petitioner :- Smt. Rubi Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Ajai Kumar Singh,Piyush Gupta,Poornima Raj,Prabhat Rathore,Shobhit Singh Counsel for Respondent :- G.A.
Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
By means of this petition, the petitioner has sought quashing of F.I.R. dated 10.04.2024, bearing Case Crime/FIR No.0342 of 2024, for the offence under Sections 186,353,392,504 I.P.C., registered at Police Station Kotwali, District Barabanki.
Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in the case. The petitioner has never taken the G.D. The F.I.R. itself shows that the G.D. was available with the Police after 10.00 p.m.
The case for consideration is made out.
Let counter affidavit be filed by the opposite parties within three weeks. Rejoinder affidavit, if any, may also be filed within one week thereafter.
List after four weeks.
Considering the submissions made, it is provided that the petitioner shall not be arrested on the basis of the impugned First Information Report, unless and until there is sufficient and cogent evidence available against her regarding commission of the offence. She shall get her statement recorded before the Police as and when she is called. If he does not do so, then it can be made a ground for seeking vacation of this interim order.
(Narendra Kumar Johari,J.) (Vivek Chaudhary,J.) Order Date :- 23.4.2024 Arjun/-
Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to grant interimorder preventing arrest and mandating recording of statement in pending criminal petition seeking quashing of FIR.
1 provisions across 1 enactments
Rubi Srivastava
State Of U.P.
Vivek Chaudhary
Narendra Kumar Johari
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
