Disposed

Shabur Khan (in Fir Shabur) and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Allahabad HC14 Aug 2024CRLP/5826/2024

Case brief

AI extract

What is this about?

Court granted interim protection from arrest to petitioners accused under IPC and POCSO while issuing notice, directing exchange of pleadings, and requiring proof of medical examination.

What did the court decide?

Interim order passed staying arrest of petitioners until further orders pending evidence build-up and hearing after notice.

Shabur Khan (in Fir Shabur) and Others vs… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5826 of 2024

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Petitioner :- Shabur Khan (In Fir Shabur) And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Others Counsel for Petitioner :- Gyanendra Pathak 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, the petitioners have sought quashing of First Information Report dated 23.07.2024, bearing Case Crime/F.I.R. No.0114/2024, under Sections 376-D, 342, 504, 506 I.P.C. and Section 3/4 of POCSO Act, Police Station - Nawabganj, District Bahraich.

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Submission of learned counsel for the petitioners is that petitioners are innocent and they have been falsely implicated in the matter due to previous enmity. Learned counsel for the petitioners have further submitted that on 16.05.2024 the police had challaned the parties, under Section 107, 116 Cr.P.C. as a dispute between the parties had arisen and thereafter the impugned F.I.R. has been lodged against the petitioners on 23.07.2024 referring the incident of 05.05.2024. Learned counsel for the petitioners also submitted that the entire prosecution story is false and concocted and the same has been cooked up only to falsely implicate the petitioners in the case. Learned counsel for the petitioners has also drawn the attention of the court towards the report where the victim has refused to undergo medical examination.

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In view of the above, case for consideration is made out.

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Issue notice to Respondent No.4 returnable at an early date.

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Let the pleadings be exchanged within four weeks.

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List thereafter.

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In view of the above, it is provided that till the next date of listing petitioners shall not be arrested in pursuance to the impugned First Information Report dated 23.07.2024, bearing

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Case Crime/F.I.R. No.0114/2024, under Sections 376-D, 342, 504, 506 I.P.C. and Section 3/4 of POCSO Act, Police Station - Nawabganj, District Bahraich, 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.

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

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Order Date :- 14.8.2024

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ML/-

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Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Shabur Khan (in Fir Shabur) and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

Shabur Khan (in Fir Shabur) and Others v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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