Rakshi Fatima v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Allahabad HC6 May 2024CRLP/3200/2024

Case brief

AI extract

What is this about?

The High Court accepted the prima facie case to quash an FIR involving vague allegations against the petitioner against her brother. Notice was issued to the State respondents for return within four weeks, and an order protecting the petitioner from arrest was passed.

What did the court decide?

Notice issued to respondent no.5 within four weeks. Interim protection from arrest granted to petitioner.

Rakshi Fatima vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3200 of 2024

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Petitioner :- Rakshi Fatima

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others Counsel for Petitioner :- Shamshad Ahmad,Faraz Ahmad,Mohammad Shahzad Ahmad

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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 petitioner 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 28.03.2024 bearing Case Crime No.0131 of 2024 registered under Sections 420, 448, 427, 504, 506, 467, 468 and 471 I.P.C. at Police StationThakurganj Police Commissionerate, Lucknow, DistrictLucknow.

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Submission of counsel for petitioner is that only allegation against the petitioner, who is married and has separate living from her brother is that she had used bad words and threaten the informant. At best further allegation can be that she also incited her brother for committing the crime of unlawfully occupying the house of the informant. All the allegations are vague in nature and even in the investigation till date no concrete material is found against the petitioner.

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Prima facie a case for consideration is made out.

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Issue notice to respondent no.5 returnable within four weeks.

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6. List this case after four weeks.

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Office will submit service report on the basis computerized tracking report.

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It is provided that petitioner 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 her pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioner shall cooperate in the investigation, which shall go on. If she does not do so, it shall be a ground vacation of this interim order. However, benefit of this order shall not be available to the other coaccused who are named in the impugned F.I.R.

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Order Date :- 6.5.2024 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

Rakshi Fatima v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Case brief

What is this about?

What did the court decide?

Rakshi Fatima v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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