Hemendra Verma v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. and Others

Allahabad HC6 Jun 2024CRLP/3995/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR under sections 306, 406 and 420 IPC and protection from arrest. The court issued notice to respondent No. 4, listed the matter for July 2024, and granted interim protection that the petitioner shall not be arrested until the next date of listing.

What did the court decide?

Interim protection: petitioner not to be arrested till next date of listing.

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

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Court No. - 2

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3995 of 2024

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Petitioner :- Hemendra Verma

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Others Counsel for Petitioner :- Ashok Kumar,Manish Kumar,Satyarth Dubey Counsel for Respondent :- G.A.

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

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1. Heard learned counsel for the petitioner. Notice on behalf of the respondent Nos.1 to 3 has been accepted by the office of learned Government Advocate.

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2. By means of the instant petition, the petitioner has sought following reliefs:-

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"(a) Issue a writ, order or direction in the nature of Certiorari quashing the first information report dated 06.01.2024, as Case Crime No.005 of 2024, under section 306, 406, 420 IPC, Police Station Dubagga (so far as it relates to the Petitioner), District Lucknow, as contained in Annexure No.1, to this writ petition.

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(b) Issue a writ, order or direction in the nature of Mandamus commnding the opposite party No.1 to 3 not to arrest the petitioner in Case Crime No.0005 of 2024 under section 306, 406, 420 IPC, Police Station Dubagga (so far as it relates to the Petitioner), District Lucknow."

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3. Submission of the learned counsel for the petitioner is that as per the averments made in the FIR, no case against the petitioner is made out. It is further stated that from perusal of the FIR, it would indicate that there is a gap in the dates on which the cheques were given, there is nothing on record to indicate that any further proceedings regarding dishonored cheque was initiated and the primary basis is alleged suicide note said to have been executed by the deceased wherein the petitioner has been named. It is further stated that there is no proximity of time or date of occurrence whereby it can be inferred that

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any offence against the petitioner is made out.

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4. The matter requires consideration.

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5. Let notices be issued to respondent No.4.

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Steps to be taken within a period of a week.

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6. List this case in the 2nd week of July, 2024.

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7. As an interim measure, it is provided that the petitioners shall not be arrested till the next date of listing of the case.

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Order Date :- 6.6.2024 prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Hemendra Verma 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?

Hemendra Verma 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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