Deepu Alias Deepak Kumar Bharti and Another. v. State of U.P. Thru. Secy. Home Govt. of U.P. Lko. and Others

Allahabad HC12 Aug 2024CRLP/5801/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted interim protection against arrest for the petitioners, issued notice to the fourth respondent, and ordered exchange of pleadings regarding a petitions to quash a criminal FIR involving multiple offences including sexual assault and POCSO.

What did the court decide?

Interim order preventing arrest of petitioners on the basis of the impugned FIR unless sufficient evidence is available.

Deepu Alias Deepak Kumar Bharti and Another… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5801 of 2024

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Petitioner :- Deepu Alias Deepak Kumar Bharti And Another. Respondent :- State Of U.P. Thru. Secy. Home Govt. Of U.P. Lko. And Others

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Counsel for Petitioner :- Atul Kumar Singh,Ankit Dubey 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 petitioners, learned A.G.A. for the State-respondents and perused the record.

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By means of this petition, petitioners have sought quashing of FIR dated 23.07.2024 bearing FIR/Case Crime No.0351 of 2024 under Sections 363, 376(3), 147, 504, 506, 452, 323, 427 IPC and Section 4(2) of Prevention of Children from Sexual Offences Act, 2012 registered at Police Station Tarabganj, District Gonda.

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Submission of learned counsel for petitioners is that in the statement under Section 164 Cr.P.C., the victim has not taken the name of the petitioners and also not stated that any wrong was committed upon her. She has stated that she has gone on her own wish. Learned counsel further stated that in the medical examination report also, no injury is found upon the victim. The impugned FIR has been lodged just to harass the petitioners.

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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 to 3.

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Issue notice to respondent no. 4 returnable at an early date. Steps to be taken within a week.

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Let the pleadings be exchanged within four weeks.

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List this case after four weeks.

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Considering the submission made, it is provided that petitioners 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 them pointing towards the commission of offence as alleged in the impugned F.I.R. The

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petitioners shall cooperate in the investigation, which shall go on. If they do not do so, then it can be made a ground for seeking vacation of this interim order.

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Order Date :- 12.8.2024 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

Deepu Alias Deepak Kumar Bharti and Another. v. State of U.P. Thru. Secy. Home Govt. of U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

Deepu Alias Deepak Kumar Bharti and Another. v. State of U.P. Thru. Secy. Home Govt. of U.P. 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

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