Disposed

Dr. Kuldeep Kumar Pandey v. State of U.P. Thru. Its Secy. Home and 3 Others

Allahabad HC21 May 2024CRLP/3554/2024

Case brief

AI extract

What is this about?

The petitioner, a professor, sought protection against arrest in a criminal case involving alleged sexual assault and cyber offenses. The Court found a case for consideration, issued notice to respondents, and granted interim protection against arrest pending exchange of pleadings.

What did the court decide?

Interim protection against arrest granted till next date of listing, subject to cooperation with investigation.

Dr. Kuldeep Kumar Pandey vs State of U.P. Thru. Its Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3554 of 2024 Petitioner :- Dr. Kuldeep Kumar Pandey Respondent :- State Of U.P. Thru. Its Secy. Home And 3 Others Counsel for Petitioner :- Chetan Kumar Tiwari 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 the petitioner, learned AGA for the State-respondent and perused the record.

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The petitioner, who is the professor and doctor with the B.H.U. hospital in the Cancer department aged about 63 years has approached this Court challenging the FIR dated 05.05.2024 bearing Case Crime No.0081 of 2024 under Sections 376, 354, 328, 120-B IPC and Section 67 of Information Technology (Amendment) Act, 2008, at Police Station- Maheshganj, District- Pratapgarh.

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Learned counsel for the petitioner submits that the sole allegation against the petitioner is that he has asked the parties to settlement. The allegations against the petitioner are entirely different than rest of the persons and there is no parity between them. He further submits that the alleged offence, under which the FIR is registered, are not made out.

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A case for consideration is made out.

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Issue notice to opposite party no. 4.

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Let the pleadings be exchanged within four weeks.

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List this case after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, petitioner shall not be arrested in pursuance to the First Information Report dated 05.05.2024 bearing Case Crime No.0081 of 2024 under Sections 376, 354, 328, 120-B IPC and Section 67 of Information Technology (Amendment) Act, 2008, at Police Station- Maheshganj, District- Pratapgarh. The petitioner shall, however, cooperate in the investigation and get his statements recorded before the Investigating Officer as and when he is called. If he does not do so then it can be a ground for seeking vacation of this inter interim order.

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(Narendra Kumar Johari,J) (Vivek Chaudhary,J)

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Order Date :- 21.5.2024/Reena/-

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Dr. Kuldeep Kumar Pandey v. State of U.P. Thru. Its Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

Dr. Kuldeep Kumar Pandey v. State of U.P. Thru. Its Secy. Home and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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