Abrar Ahmad and Another vs State of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko and 3 Others

Court No. - 9

Case :- CRIMINAL MISC. WRIT PETITION No. - 6679 of 2024 Petitioner :- Abrar Ahmad And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko And 3 Others

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Counsel for Petitioner :- Sumit Kumar Srivastava,Vivek Kumar Tripathi 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 the petitioners, learned A.G.A. for the State and Sri Ravindra Kumar Yadav, Advocate, who has filed his Power today on behalf of opposite party no.4, which is taken on record.

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By means of this petition, the petitioners have sought quashing of First Information Report dated 25.8.2024 bearing F.I.R./Case Crime No.0278 of 2024, under Section 302 IPC, registered at Police Station Tanda, District Ambedkar Nagar.

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Submission of learned counsel for the petitioners is that as per postmortem report, the death is due to cardiac arrest and, therefore, it is a natural death. The victim was aged about 65 years and the injury is very minor, which is not fatal for life and could be caused due to falling on the floor.

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A case for consideration is made out.

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Let counter affidavit be filed within four weeks.

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List after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, the petitioners shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against them. The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order.

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

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Order Date :- 10.9.2024 Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Abrar Ahmad and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko and 3 Others

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Abrar Ahmad and Another v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Govt. Lko and 3 Others

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