Disposed

Sanjay Trivedi v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC23 Aug 2024CRLP/6048/2024

Case brief

AI extract

What is this about?

The Allahabad High Court admitted a Criminal Misc. Writ Petition seeking quashing of an FIR based on alleged harassment and absence of evidence. The Court issued notice and granted interim liberty against the petitioner's arrest pending further proceedings.

What did the court decide?

Notice issued; petitioner granted liberty not to be arrested pending consideration of the petition.

Sanjay Trivedi vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6048 of 2024

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Petitioner :- Sanjay Trivedi

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

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Counsel for Petitioner :- Dinesh Chandra,Prince Singh 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 petitioner and learned AGA.

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By means of this petition, the petitioner has sought quashing of F.I.R. dated 04.08.2024 bearing Case Crime/FIR No.0348/2024, for the offence under Sections 420, 467, 468, 471, 406, 323, 504, 506 I.P.C., at Police Station Gangaghat, District Unnao.

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Learned counsel for the petitioner states that he is innocent and has falsely been implicated in the case. He further submits that neither there is any proof of payment of money nor any agreement to sale between the parties. The impugned FIR has been lodged with malafide intention only to harass the petitioner.

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Learned AGA also on written instructions states that till date the informant has not provided any proof of payment of money, to the police

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A case for consideration is made out.

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Issue notice to opposite party No. 4, returnable at an early date. The respondents may file their counter affidavits within a period of three weeks. One week's time thereafter shall be available to the learned counsel for the petitioner to file rejoinder affidavit.

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List this case after four weeks.

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Considering the submission made, it is provided that till the next date of listing, petitioner shall not be arrested on the basis of the impugned First Information Report, unless and until there

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is sufficient and cogent evidence available against him regarding commission of the offence. He will get her statement recorded before the Police as and when he is called. If he does not do so, then it can be made a ground for seeking vacation of this interim order.

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Order Date :- 23.8.2024 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

Sanjay Trivedi v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Sanjay Trivedi v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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