Partly allowed

Smt. Kanchan Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Allahabad HC20 Aug 2024CRLP/5849/2024

Case brief

AI extract

What is this about?

Court issued notice in a Writ Petition seeking quashing of an FIR related to cheating and forgery stemming from a civil land dispute. The Court granted an interim order staying the petitioner's arrest but mandated cooperation with the investigation.

What did the court decide?

Petitioner shall not be arrested till the next date of listing; notice issued to opposite party no. 4.

Smt. Kanchan Mishra vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5849 of 2024

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Petitioner :- Smt. Kanchan Mishra

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Others

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Counsel for Petitioner :- Shashank Kumar Shukla,Yogesh Kumar Mishra

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Counsel for Respondent :- G.A.,D.P. Dutt Tiwari

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

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Supplementary Affidavit filed today by learned counsel for petitioner is taken on record.

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Heard learned counsel for the petitioner, learned AGA for the State-respondents and perused the record.

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Petitioner seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 23.02.2024 bearing Case Crime No.0075 of 2024, under Sections 506,471,468,467,420 I.P.C., Police Station Chinhat, District Lucknow.

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Learned counsel for the petitioner states that petitioner is innocent and she has been falsely implicated in the case. Learned counsel for petitioner further submits that the petitioner shall not interfere in the disputed land bearing Khasra No.274 situated at Village Kamta, Tehsil Lucknow, District Lucknow until the Regular Suit No.1707 of 2015 (Smt. Kanchan Mishra Vs. Anil Kumar Sharma), is pending before the Civil Court and shall also not interfere in the possession upon the said land and comply with the order passed by the Civil Court.

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The case for consideration is made out.

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Issue notice to opposite party no. 4.

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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 submissions made, it is provided that till the next date of listing, petitioner shall not be arrested in pursuance to the First Information Report dated 23.02.2024 bearing Case Crime No.0075 of 2024, under Sections 506,471,468,467,420

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I.P.C., Police Station Chinhat, District Lucknow. The petitioner shall, however, cooperate in the investigation and get her statement recorded before the Investigating Officer as and when she is called. If she does not do so then it can be a ground for seeking vacation of this inter interim order.

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

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Order Date :- 20.8.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Smt. Kanchan Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Case brief

What is this about?

What did the court decide?

Smt. Kanchan Mishra v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Others

Case brief

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What did the court decide?

What the court decided

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