Criminal Misc. Writ Petition seeking quashing of FIR. Court granted interim protection against arrest pending investigation and directive to record statement.
Interim protection from arrest granted contingent on evidence; directive to record statement if summoned.
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 2856 of 2024
Petitioner :- Pankaj Soni Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secrt. Lko. And Others
Counsel for Petitioner :- Vivekanand Misra,Ravindra Kumar Dwivedi
Counsel for Respondent :- G.A.,Rakesh Kumar Yadav
Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State, learned counsel for the Caveator/informant and perused the record.
By means of this petition, the petitioner has sought quashing of F.I.R. dated 13.03.2024, bearing Case Crime/FIR No.0088/2024, for the offence under Sections 376, 452, 323, 504, 506 I.P.C., registered at Police Station - Gosainganj, District - Sultanpur.
Submission of learned counsel for the petitioner is that petitioner is innocent and he has been falsely implicated in the case only to blackmail the petitioner. Earlier also an F.I.R. with similar allegations was lodged by the informant on 26.05.2021 against the petitioner vide F.I.R. No.312/2021, under Sections 417, 376, 323, 504, 506 I.P.C. at Police Station Gosainganj, District Sultanpur, in which, the police, after investigation, submitted Final Report. The present F.I.R. has also been lodged with false and concocted story.
In view of the above, case for consideration is made out.
Let counter affidavit be filed within four weeks. One week thereafter is granted to the petitioner to file rejoinder affidavit.
List thereafter.
Considering the submission made, it is provided that the petitioner (Pankaj Soni) shall not be arrested on the basis of the impugned First Information Report, unless and until there is sufficient and cogent evidence available against him regarding
commission of the offence. He shall get his statement recorded before the Police as and when he 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 ML/-
Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench
Pankaj Soni
State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Secrt. Lko. And Others
Vivek Chaudhary
Narendra Kumar Johari
As recorded by the court registry
3 orders share this CNR
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