Partly allowed

Mohammad Ikhlaq v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

Allahabad HC22 May 2024CRLP/3617/2024

Case brief

AI extract

What is this about?

Writ petition filed to quash FIR and stay arrest, alleging false implication in a land dispute. The court found the dispute civil in nature and stayed the petitioner's arrest pending police report.

What did the court decide?

Arrest of the petitioner stayed till submission of police report under Section 173(2) Cr.P.C., subject to cooperation with investigation.

Mohammad Ikhlaq 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. - 3617 of 2024

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Petitioner :- Mohammad Ikhlaq Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And 3 Others Counsel for Petitioner :- Chandresh Yadav 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 A.G.A. who appears on behalf of the State Respondents.

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This petition has been filed with the following main prayers:-

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"(i) to issue a writ, order, or direction in the nature of Certiorari quashing the impugned First Information Report dated 5.9.2023 lodged at F.I.R. No.0269/2023, under Sections 420,447,467,468,471,504 and 506 of Indian Penal Code lodged in Police Station Wajeer Ganj, District Lucknow, contained as Annexure no.1 to this petition.

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ii. Issue writ order or direction in the nature mandamus commanding the opposite party no.3 not to arrest to petitioner in First Information Report dated 5.9.2023, lodged at F.I.R. No.0269/2023 under Section 420,447,467,468,471,504 and 506 of Indian Penal Code lodged in Police Station Wajeer Ganj, District Lucknow."

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It has been submitted by the learned counsel for the petitioner that the petitioner is completely innocent and has been falsely implicated in the impugned F.I.R. The co-accused purchaser is already granted arrest stay.

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4.The allegations that have been made by the informant of purchasing a plot at Barura Hussain Badi in Thakur Ganj, Lucknow which stated to have been bought from one Sabiya Khan on 17.05.2012 and from one Imran. Later on, certain constructions were made on the said plots in the year 2016. The allegation against the petitioner is that he alongwith his aids try to take possession over the plots bought by the informant. The allegation in the F.I.R. of the petitioner being a land grabber is completely false. In the F.I.R. that has been lodged, no mention has been made of Civil Suit relating to the same property being pending before the Court of Civil Judge (Senior Division),

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Mohanlal Ganj, Lucknow, a copy of the plaint has been filed as Annexure to the petition.

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5.This Court has gone through order dated 27.06.2023 in a Suit for Declaration filed under Section 144 of the U.P. Revenue Code.

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6.This Court finds that the dispute is civil in nature and has been tried to be given a criminal colour.

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Prima facie a case for showing interference is made out.

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Connect and list along with Criminal Misc. Writ Petition No.8359 of 2023.

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9.Issue notice to opposite party no.4.

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Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., if any, before the Competent Court, whichever is earlier, the arrest of the petitioner, namely, Mohammad Ikhlaq in aforesaid F.I.R. shall remain stayed, of course subject to the restraint that the petitioner shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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

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Order Date :- 22.5.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Ikhlaq v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Mohammad Ikhlaq v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

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