Disposed

Rakesh Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC17 Oct 2024CRLP/5898/2024

Case brief

AI extract

What is this about?

Court No. 9 reserved judgment on a Criminal Misc. Writ Petition seeking quashing of an FIR and protection from arrest. Petitioners alleged false implication in a civil dispute. Bench issued notice to opposite party and granted interim stay on arrest pending hearing.

What did the court decide?

Petitioners shall not be arrested until the next date of listing unless sufficient and cogent evidence is available; other statutory preliminaries were granted.

Rakesh Kumar and Others vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 5898 of 2024

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Petitioner :- Rakesh Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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Counsel for Petitioner :- Km. Madhurima Bhargava,Shyam Sundar

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Counsel for Respondent :- G.A.,Vishwakant Srivastava

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

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Counter affidavit filed by Sri Vishwakant Srivastava, Advocate on behalf of opposite party no. 4 today is taken on record.

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Heard learned counsel for the petitioners, learned counsel for the respondent no. 4, learned AGA who appears on behalf of State-respondents and perused the record.

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This petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing the First Information Report dated 2.6.2024 registered as Case Crime No. 0441 of 2024 under Sections 419, 420, 467, 468, 471, 427 IPC at Police Station, Kotwali Sadar, District Kheri and for a direction to the respondents not to arrest the petitioners pursuant to the impugned FIR.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case with the allegation that they have made a forged partnership deed and under a conspiracy the name of petitioner no. 1- Rakesh Kumar and his wife Sunita Devi is inserted in place of informant and his wife and changed the name of firm from Ganesh Brick Udyog to Verma Brick Udyog. He further submits that the dispute is purely civil in nature and has been tried to be given a criminal colour by the impugned FIR. He also submits that the Court must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta or with an ulterior motive to pressurise the accused. The allegations of cheating or fraud levelled against the petitioners are false and no offence under Sections 419, 420, 467, 468, 471, 427 IPC are made out against the petitioners.

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The matter requires consideration.

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Learned AGA has accepted notice on behalf of State-

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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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Learned AGA is accorded three weeks time to file counter-affidavit. A week's time, thereafter, is granted to file rejoinder affidavit.

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List after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, petitioners shall not be arrested in pursuance to the impugned FIR dated 2.6.2024 registered as Case Crime No. 0441 of 2024 under Sections 419, 420, 467, 468, 471, 427 IPC at Police Station, Kotwali Sadar, District Kheri, unless there is sufficient and cogent evidence available against the petitioners indicating commission of any offence by them as alleged in the impugned FIR. The petitioners shall, however, cooperate in the investigation.

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

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Order Date :- 14.8.2024 AKK

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Rakesh Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Rakesh Kumar and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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