Disposed

Manpreet Kaur v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Allahabad HC10 Dec 2024CRLP/5275/2024

Case brief

AI extract

What is this about?

The High Court issued an interim order in a criminal writ petition seeking quashing of a false FIR arising from a family dispute regarding inheritance. The court permitted exchange of pleadings, issued notice to a third respondent, and granted interim protection against arrest for the petitioner while cooperation with investigation was mandated.

What did the court decide?

Interim stay on arrest; Notice issued to respondent No.3; Pleadings to be exchanged within four weeks.

Manpreet Kaur vs State of U.P. Thru. Prin. Secy… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5275 of 2024

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Petitioner :- Manpreet Kaur

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Amit Kumar Awasthi,Anand Kumar Shukla

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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. for the State-respondents and perused the record.

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By mean of this petition, the petitioner has sought quashing of FIR dated 03.02.2024 bearing Case Crime Mo. 0017 of 2024 under Sections 420, 467, 468, 471 IPC registered at Police Station Sampurnanagar, District Kheri.

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Petitioner has approached this Court claiming that after the death of her husband, her in-laws are trying to somehow disinherit her from the property of her husband and for the said purpose they have lodged a false FIR naming the petitioner. It is a family dispute which is being given the color of criminal nature. He further submitted that father of the petitioner has already been granted interim protection vide order dated 27.04.2024 passed in Criminal Misc. Writ Petition No. 3021 of 2024.

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A case for consideration is made out.

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Learned AGA has accepted notice on behalf of State-respondent nos.1 & 2.

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Issue notice to respondent No.3 returnable at an early date.

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Let the pleadings be exchanged within four weeks.

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Connect and list this case alongwith Crl. Misc. Writ Petition No. 3021 of 2024 (Nakshatr Singh vs. State of U.P.) after four weeks .

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Considering the submission made, it is provided that petitioner shall not be arrested till the next date of listing on the basis of impugned First Information Report, unless sufficient and cogent evidence is available against her pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioner shall cooperate in the investigation, which shall go on. If she does not do so, then it can be made a ground for seeking vacation of this interim order.

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Order Date :- 26.7.2024

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Reena/-

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

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Manpreet Kaur v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Case brief

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Manpreet Kaur v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Case brief

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