Disposed

Rajjan Lal Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Allahabad HC8 Aug 2024CRLP/5644/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR in a mutual property dispute case treated as civil in nature. Court allowed interim protection against arrest pending sufficient evidence. Respondents were given time to file counter affidavits.

What did the court decide?

Interim order: Petitioners shall not be arrested unless sufficient and cogent evidence is available; statement recording required before police.

Rajjan Lal Yadav vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 5644 of 2024 Petitioner :- Rajjan Lal Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others

¶3

Counsel for Petitioner :- Atul Verma,Abhinesh Kumar Yadav,Akhilendra Pratap Singh Counsel for Respondent :- G.A.,Krishna Kumar,Yogendra Pal Anand

¶4

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

¶5

Supplementary affidavit filed today on behalf of the petitioner is taken on record.

¶6

Heard learned counsel for the parties and perused the record.

¶7

The petitioner seeks issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 10.11.2023 bearing Case Crime No. 0353/2023 under Sections 147, 323, 420, 467, 468, 471, 504, 506 IPC, Police Station- Wazirganj, District- Lucknow.

¶8

Learned counsel for the petitioner states that it is purely a civil dispute between the parties, even, a suit for cancellation of sale deed is pending, which is filed by the informant. He further states that the alleged sale deed also contains a photograph of the informant, executed on the sale deed, thus, a case for consideration is made out.

¶9

The respondents may file their counter affidavits within a period of three weeks. One week's time thereafter shall be available to the learned counsel for the petitioner to file rejoinder affidavit.

¶10

List this case after four weeks.

¶11

Considering the submission made, it is provided that the petitioners shall not be arrested on the basis of the impugned First Information Report, unless and until there is sufficient and cogent evidence available against them regarding commission of the offence. They shall get their statement recorded before the Police as and when they are called. If they do not do so, then it can be made a ground for seeking vacation of this interim order.

¶12

Order Date :- 8.8.2024 / Reena

¶13

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

¶14

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

Rajjan Lal Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Case brief

What is this about?

What did the court decide?

Rajjan Lal Yadav 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

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Avinash Maurya vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Others

Jyoti and Another vs State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Civil Secrt. Lko. and Others

Smt. Nanda vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Nadeem vs State of U.P Thru. Prin. Secy. Home Lko. and Others

Smt. Rashmi and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Abhishek Tiwari vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Others