Disposed

Anita Verma v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC13 Jun 2024CRLP/4181/2024

Case brief

AI extract

What is this about?

High Court of Judicature at Allahabad considered an interim prayer for non-arrest. The court listed parties for counter-affidavits and granted an interim order preventing arrest until further orders pending investigation.

What did the court decide?

Interim order preventing arrest of petitioner under FIR No. 0204 of 2024 for four weeks and cooperation in investigation until next listing.

Anita Verma vs State of U.P. Thru. Prin. Secy. Home… — Cheque Dishonour | Allahabad HC (2024)

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 4181 of 2024

¶3

Petitioner :- Anita Verma

¶4

Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others

¶5

Counsel for Petitioner :- Ripu Daman Shahi,Arun Pratap Singh

¶6

Counsel for Respondent :- G.A.

¶7

Hon'ble Vivek Chaudhary,J. Hon'ble Narendra Kumar Johari,J.

¶8

Heard Sri Harshvardhan, Advocate holding brief of Sri Ripu Daman Shahi, learned counsel for the petitioner, learned AGA who appears on behalf of State-respondents and perused the record.

¶9

This petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing the First Information Report dated 13.5.2024 registered as FIR No. 0204 of 2024 under Sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 at Police Station, Gomti Nagar, District Lucknow and for a direction to the respondents not to arrest the petitioner pursuant to the impugned FIR.

¶10

Learned counsel for the petitioners submits that though there are number of cases shown against the petitioner but all are under the same sections i.e. 406, 419, 420, 467, 468, 471 and 120B IPC. He further submits that in all the said cases charge sheets were filed on 9.3.2022 and now proceedings under the Gangster Act are initiated in May, 2024, there is no proximity to the offence, on the basis of which, present proceedings are being initiated.

¶11

The matter requires consideration.

¶12

Learned AGA prays for and is granted four weeks time to file counter-affidavit. A week's time, thereafter, is granted to file rejoinder affidavit.

¶13

List immediately thereafter.

¶14

Considering the submissions made, it is provided that till the next date of listing, petitioner shall not be arrested in pursuance to the impugned First Information Report dated 13.5.2024 registered as FIR No. 0204 of 2024 under Sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 at Police Station, Gomti Nagar,

¶15

District Lucknow, unless there is sufficient and cogent evidence available against the petitioner indicating commission of any offence by them as alleged in the impugned FIR. The petitioner shall, however, cooperate in the investigation and get her statement recorded before the Investigating Officer as and when he is called. If she does not do so then it can be a ground for seeking vacation of this inter interim order.

¶16

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

¶17

Order Date :- 13.6.2024 AKK

¶18

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

Anita Verma v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Anita Verma v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Gaurangi and Another vs State of U.P. Thru. Secy. Home, Govt. of U.P., Lko. and Others

Ramesh Kumar vs State of U.P. Thru. Its Addl. Chief Secy. Deptt. of Home U.P. Govt. Lko. and Others

Smt. Shiv Kala @ Sukala vs State of U.P. Thru. Secy. Home Deptt. U.P. Lko. and Others

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

Mohd. Irsaad Alias Irshad and Others vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and Others

Mohd. Irsaad Alias Irshad and Others vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. U.P. Lko. and Others