Disposed

Rahul Singh v. State of U.P. Thru. Prin. Secy. Home and Others

Allahabad HC6 Dec 2024CRLP/3945/2024

Case brief

AI extract

What is this about?

This ad-interim order in Criminal Misc. Writ Petition No. 3945 of 2024 directed the issuance of notice to specific parties and appointed counsel to oppose the petition seeking quashing of an FIR before the petitioner was arrested.

What did the court decide?

Notice issued to opposite party no. 4; counter affidavit to be filed within three weeks; petitioner granted interim prohibition from arrest.

Rahul Singh Vs State of U.P. Thru. Prin. Secy. Home and… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 2

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3945 of 2024

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Petitioner :- Rahul Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others

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Counsel for Petitioner :- Rinku Verma,Aakash Srivastava Counsel for Respondent :- G.A.,Seema Devi

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Hon'ble Jaspreet Singh,J. Hon'ble Ram Manohar Narayan Mishra,J.

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Heard learned counsel for the petitioner and learned AGA for the State.

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By means of this petition, the petitioner has sought quashing of First Information Report dated 2.5.2024 bearing Case Crime No. 343 of 2024, under Sections 376, 506 IPC, registered at Police Station Fatehpur, District Barabanki.

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The contention of learned counsel for the petitioner is that he has been falsely implicated in this case. It has been submitted that complainant is in habitual of filing of such F.I.R. against innocent persons. It has also been pointed out that earlier in point of time, on 3.7.2018, similar nature of F.I.R. was lodged by the private respondent no. 4, it was registered as Case Crime no.552 of 2018; once again another similar nature of F.I.R. was lodged by respondent no. 4 on 12.3.2023 bearing Case Crime no.166 of 2023 and thereafter, instant F.I.R. has been lodged on 2.5.2024 bearing Case Crime no. 343 of 2024.

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From the perusal of aforesaid two F.I.Rs., it appears that similar modus operandi has been utilized by respondent no. 4 to make allegations.

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Matter requires consideration.

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Let notice be issued to opposite party no. 4.

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Counter affidavit be filed within three weeks. Rejoinder affidavit may be filed within ten days.

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List in week commencing 29th July, 2024.

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As an interim measure, it is provided that the petitioner shall not be arrested in pursuance of First Information Report dated 2.5.2024 bearing Case Crime No. 343 of 2024, under Sections

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376, 506 IPC, registered at Police Station Fatehpur, District Barabanki.

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Order Date :- 4.6.2024 Dhirendra/

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Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rahul Singh v. State of U.P. Thru. Prin. Secy. Home and Others

Case brief

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Rahul Singh v. State of U.P. Thru. Prin. Secy. Home and Others

Case brief

What is this about?

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