Ram Charan Singh Tomar v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Others

Allahabad HC29 Jan 2024CRLP/621/2024

Case brief

AI extract

What is this about?

Petitioner challenged an FIR involving Section 494 IPC, arguing un-maintainability and honey-trapping. Section 376 was dropped. The Court directed no arrest for the interim period pending further evidence while urging cooperation.

What did the court decide?

Interim direction that the petitioner shall not be arrested from the date of this order till the next date of listing without sufficient and cogent evidence against him.

Ram Charan Singh Tomar 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. - 621 of 2024

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Petitioner :- Ram Charan Singh Tomar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Others Counsel for Petitioner :- Ankit Singh Counsel for Respondent :- G.A.

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Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

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Heard.

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By means of this petition, the petitioners have sought quashing of First Information Report dated 15.12.2023 bearing Case Crime/ F.I.R. No.501 of 2023, under Sections 420, 494, 376, 506 I.P.C., registered at police station Mahmoodabad, District Sitapur.

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Issue notice to opposite party no.4.

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Pleadings be exchanged between the parties within eight weeks.

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Learned AGA stated that during investigation, Section 376 I.P.C. has been dropped as no evidence was found.

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As regard the other offences, submission of learned counsel for petitioner is that so far as Section 494 I.P.C. is concerned, only a complaint case is maintainable that too at the behest of the first wife of the petitioner or on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's, brother or sister, or with the leave of the Court, by any other person related to her by blood, marriage or adoption, which is not the case here, therefore, the FIR in such a case is not maintainable. This apart he submits that even otherwise no offence under Section 494 I.P.C. is made out as it is the petitioner who has been honey-trapped. The petitioner is a Hawaldar in Indian Army.

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Considering the submissions of the petitioner, we are of the opinion that the petitioner shall not be arrested till the next date of listing on the basis of impugned First Information Report, unless sufficient and cogent evidence is available against him. The petitioner shall, however, co-operate in the investigation and get his statement recorded before the Investigating Officer as and when he is called. If he does not do so, then it can be a ground for seeking vacation of this interim order.

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List thereafter.

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This order is without prejudice to the rights of the alleged victim with regard to the offence alleged under Section 376 I.P.C. and to pursue prescribed remedies.

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(Narendra Kumar Johari, J.)(Rajan Roy, J.)

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Order Date :- 12.2.2024 Arnima

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Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ram Charan Singh Tomar v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Others

Case brief

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Ram Charan Singh Tomar v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Others

Case brief

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