Remanded

Man Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Allahabad HC25 Jan 2024CRLP/580/2024

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition seeking quashing of FIR for offences under IPC and SC/ST Act. Bench granted interim order directing non-arrest unless sufficient evidence emerges, pending investigation cooperation.

What did the court decide?

Petitioner directed not to be arrested unless sufficient evidence is available against him, subject to cooperation with investigation.

Man Singh vs State of U.P. Thru. Addl. Chief… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 580 of 2024

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Petitioner :- Man Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Amit Chaudhary 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 learned counsel for the petitioner and learned Additional Government Advocate for the State.

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By means of this petition, the petitioner has sought quashing of First Information Report dated 31.12.2023 bearing Case Crime No.0440/2023 alleging commission of offence under Sections323, 504 I.P.C. and Section 3(1)(r) and 3(1)(d) of the SC/ ST Act lodged with Police Station-Dubagga, District-Lucknow West (Commissionerate Lucknow).

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Let notice be issued to opposite party no. 3.

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Pleadings be exchanged between the parties within eight weeks.

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List thereafter.

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The contention of learned counsel for the petitioner is that the petitioner is suffering from Stage-II cancer of Pancreas. He has annexed documentary proof in this regard and has invited our attention to the same. The next submission is that the petitioner was not present at the time of the incident and has been falsely implicated. Thirdly, the main allegation is against the son of the petitioner of having assaulted the informant. Fourthly, he says that informant is an Advocate who is in the habit of lodging false cases against the persons and in support of it, he has invited our attention Annexure no.3 at page no.37 onwards. The petitioner is aged about 67 years. For all these reasons, according to him, it is a case of false implication of the petitioner. Therefore, this is a case for interference.

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Learned A.G.A. has opposed the petition and submitted that if the petitioner had been falsely implicated then the allegation of assault could have been leveled against him but very fairly only his presence has been shown at the scene of crime. However, he could not deny at least as of now the assertion of the petitioner

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that he is suffering from Stage-II Cancer and the documents annexed therewith subject of course to its veracity during investigation.

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Considering the facts as noticed hereinabove and the submissions made, considering the medical condition of the petitioner as also the assertion that he was not present at the scene but has been falsely implicated, it is provided that petitioner shall not be arrested in the aforesaid criminal case unless there is sufficient and cogent evidence available against him indicating commission of criminal offence as alleged in the impugned First Information Report. However, he shall cooperate in the investigation and get his statement recorded before the Investigating Officer as and when called and 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 :- 25.1.2024 Shanu/-

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Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench

Man Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Case brief

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Man Singh v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Case brief

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