Noorul Hasan and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Allahabad HC21 Aug 2024CRLP/6067/2024

Case brief

AI extract

What is this about?

Petitioners seek quashing of an FIR under Sections 419, 420, 467, 468 and 471 IPC on the ground that a prior application under Section 340 CrPC was already rejected. The Court found the case for consideration and issued an interim stay of arrest pending filing of counter affidavits.

What did the court decide?

Interim protection: petitioners not to be arrested till next date of listing, provided they cooperate in investigation.

Noorul Hasan and Others vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6067 of 2024

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Petitioner :- Noorul Hasan And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Durgesh Kumar Pathak Counsel for Respondent :- G.A.,Manoj Kumar Singh

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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 AGA for the State-respondent and perused the record. Sri Manoj Kumar Singh, Advocate is present on behalf of opposite party no.3 and filed Power, the same is taken on record.

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The petitioners seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 30.07.2024 bearing Case Crime No.0243 of 2024, under Sections 419,420,467,468 & 471 I.P.C., Police Station Kotwali Nagar, District Bahraich.

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Submission of learned counsel for petitioners is that an application was filed before the Court concerned under Section 340 Cr.P.C. which has already been rejected by the Court concerned, therefore, now an F.I.R. is not maintainable.

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The case for consideration is made out.

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Let the counter affidavit be filed by the respondents within a period of four weeks. Rejoinder Affidavit, if any, may also be filed within one week thereafter.

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List thereafter.

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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 First Information Report dated 30.07.2024 bearing Case Crime No.0243 of 2024, under Sections 419,420,467,468 & 471 I.P.C., Police Station

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Kotwali Nagar, District Bahraich. The petitioners shall, however, cooperate in the investigation and get their statements recorded before the Investigating Officer as and when they are called. If they do 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 :- 21.8.2024 Arjun/-

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

Noorul Hasan and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Case brief

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Noorul Hasan and Others v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Case brief

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