Disposed

Veeru Alias Veer Singh and Others v. State of U.P. Thru. Prin. Secy. Home and Others

Allahabad HC30 Jan 2024CRLP/625/2024

Case brief

AI extract

What is this about?

Court granted temporary protection from arrest to petitioners involved in a Section 364 IPC case due to delay in FIR dates and lack of informant cooperation, directing police to conduct fair investigation under supervision.

What did the court decide?

Direction that petitioners shall not be arrested unless sufficient and cogent evidence is available; investigation to proceed with special team.

Veeru Alias Veer Singh and Others vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 625 of 2024

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Petitioner :- Veeru Alias Veer Singh And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Iqbal Ali 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 learned counsel for the petitioners and A.G.A. for the State.

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The petitioners seek issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No. 0011 of 2024, under Section 364 IPC, Police StationMohammadi, District- Kheri.

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The contention of the petitioners' counsel is that the F.I.R. has been lodged on 06.01.2024 after four years of the alleged disappearing of the mother of the informant i.e. 25.11.2019.

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Learned A.G.A. says that the informant is not cooperating in the investigation.

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Issue notice to the opposite party no. 4.

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Let counter affidavit be filed by opposite parties within a period of six weeks.

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Rejoinder affidavit, if any, may be filed within a period of two weeks thereafter.

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List thereafter.

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Considering the contention of the petitioners' counsel that the F.I.R. has been lodged on 06.01.2024 after four years of the alleged disappearing of the mother of the informant i.e. 25.11.2019 and also the statement of learned A.G.A. that the informant is not cooperating in the investigation, it is provided that the petitioners shall not be arrested in Case Crime No. 0011 of 2024, under Section 364 IPC, Police Station- Mohammadi, 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.

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The investigation however shall go on.

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The Superintendent of Police, Kheri shall constitute a team to

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ensure to fair and prompt investigation and get it monitored by a Senior Officer.

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

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Order Date :- 23.2.2024 R.K.P.

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

Veeru Alias Veer Singh and Others v. State of U.P. Thru. Prin. Secy. Home and Others

Case brief

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Veeru Alias Veer Singh and Others v. State of U.P. Thru. Prin. Secy. Home and Others

Case brief

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