Rajendra Kumar vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 453 of 2024

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

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Counsel for Petitioner :- Brijesh Kumar Kuldeep Counsel for Respondent :- G.A.

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Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

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Heard.

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By means of this petition, the petitioner has sought quashing of First Information Report bearing case Crime No. 0330/2023, under Sections 326-A, 504, 506 IPC, registered at Police Station Gilaula, District Shrawasti.

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Let notice be issued to opposite party no. 4.

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Considering the recitals contained in the impugned FIR, let learned AGA seek instructions as to whether there is any acid burn injury on the body of the informant or not as it is contended that there is no such injury and the FIR has been lodged only with a view to victimize the petitioner who is a Lineman in Electricity Department as he had lodged an FIR against the informant way-back in March, 2023 when he had been assaulted while on duty.

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List on 12.02.2024.

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Considering the submissions noticed hereinabove as also the contention regarding false implication, it is provided that the petitioner shall not be arrested on the basis of the impugned First Information Report, unless sufficient and cogent evidence is available against him. The petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when he is called. If he does not do so then it can be made a ground for seeking vacation of this interim order.

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[Narendra Kumar Johari, J.] [Rajan Roy, J.]

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Order Date :- 22.1.2024 Santosh/-

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

Rajendra Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

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Rajendra Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

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