Pramod Kumar vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 3450 of 2024

Petitioner :- Pramod Kumar

Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Ram Karan,Anubhav Verma 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 04.05.2024 bearing Case Crime No.0145 of 2024 registered under Sections 394, 426, 506 I.P.C. and Section 3(1)(d), 3(2)(Va) of SC/ST Act at Police Station-Kursi, District-Barabanki.

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Submission of counsel for petitioner is that petitioner is innocent and has been falsely implicated in the impugned F.I.R. Further submission is that the impugned F.I.R. is false and lodged only due to village politics. Petitioner has no criminal history and he has 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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Issue notice to respondent no.4 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 petitioners shall not be arrested till the next date of listing on the basis of impugned First Information

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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 petitioner shall cooperate in the investigation, which shall go on. If he do not do so, it shall be a ground vacation of this interim order.

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Order Date :- 15.5.2024 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

Pramod Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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Pramod Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

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