Disposed

Reshma Bano and Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Allahabad HC28 Aug 2024CRLP/6228/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench, considered a writ petition seeking quashing of an FIR under Sections 108, 319(2), 318(4) of BNS, 2023 and a prayer not to arrest the petitioners. The court directed respondents to file counter affidavits and adjourned the proceedings. Until the next hearing, the petitioners were directed not to be arrested.

What did the court decide?

Directed that till the next date of listing, the petitioners shall not be arrested in pursuance of the impugned FIR.

Reshma Bano and Others 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. - 6228 of 2024

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Petitioner :- Reshma Bano And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Others

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Counsel for Petitioner :- Praveen Tripathi,Sudha Pal Counsel for Respondent :- G.A.,Santosh Kumar Tripathi

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

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Vakalatnama filed by Sri Santosh Kumar Tripathi, Advocate on behalf of respondent no. 4, the same is taken on record.

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Heard learned counsel for the petitioners and learned AGA for the State-respondents as well as Sri Santosh Kumar Tripathi, learned counsel appearing for respondent no. 4.

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By means of present writ petition, the petitioners have sought quashing of the impugned FIR dated 02.08.2024 bearing Case Crime No.0235 of 2024, under Sections 108, 319(2), 318(4) of BNS, 2023 at Police Station Umri Begumganj, District Gonda, with the further prayer to not arrest the petitioners in pursuance of the aforesaid FIR.

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Learned counsel for the petitioners has submitted that ingredients of Sections 108, 319(2), 318(4) of BNS, 2023 are not made out. There is no manner by which the petitioners can be related either for suicide of the deceased or any other fraud. There was also substantial quantity of alcohol found in the stomach of the deceased in the postmortem and the cause of death could not be ascertained, therefore, the viscera was preserved and sent for examination to the Forensic Science Laboratory.

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The matter requires consideration.

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All the respondents may filed counter affidavit within a period of three weeks. One week thereafter is allowed to learned counsel for the petitioners to file rejoinder affidavit, if any.

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List after four weeks.

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Considering the submissions made herein-above, it is provided that till the next date of listing, the petitioners shall not be arrested in pursuance of impugned FIR dated 02.08.2024 bearing Case Crime No.0235 of 2024, under Sections 108, 319(2), 318(4) of BNS, 2023 at Police Station Umri Begumganj, District Gonda.

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When the case is listed next, name of Sri Santosh Kumar Tripathi be printed in the cause list as learned counsel for respondent no. 4.

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[Narendra Kumar Johari,J.] [Vivek Chaudhary,J.]

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Order Date :- 28.8.2024 kkv/

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

Reshma Bano and Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Case brief

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Reshma Bano and Others v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and Others

Case brief

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