Disposed

Bateshwar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Allahabad HC17 Sept 2024CRLP/6734/2024

Case brief

AI extract

What is this about?

The High Court accepted a plea for interim suspension of arrest pending the filing of a detailed counter affidavit by the Superintendent of Police regarding a FIR under murder and abetment charges where no dead body was recovered.

What did the court decide?

Interim order allowing petitioner not to be arrested pending detailed counter affidavit by Superintendent of Police within three weeks.

Bateshwar vs State of U.P. Thru. Prin. Secy. Deptt. of… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6734 of 2024

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Petitioner :- Bateshwar

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Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others Counsel for Petitioner :- Anurag Dwivedi Counsel for Respondent :- G.A.,Parashu Ram Kanaujia

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the petitioner, learned AGA for the State-respondent and perused the record. Sri Parashu Ram Kanaujia, Advocate has appeared on behalf of opposite party no.4 and filed Power, the same is taken on record.

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The petitioner seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 26.05.2024 bearing Case Crime No.0164 of 2024, under Sections 302,201 I.P.C., Police Station Harpalpur, District Hardoi.

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Submission of learned counsel for petitioner is that there is no dead body ever recovered till date nor there is any corroborative evidence to the statement of the accused obtained by the Police under Section 161 Cr.P.C. and without any such evidence the Police has also added Sections 302 and 201 I.P.C. during course of the investigation. It is further submitted that till date the Police has not brought on record any evidence that the victim has died.

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Today, the Investigating Officer is present in the Court along with the case diary. He has also could not place any such evidence.

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Case for consideration is made out.

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Let detailed counter affidavit be filed by the Superintendent of Police, Hardoi in the matter within a period of three 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, petitioner shall not be arrested in pursuance to the First Information Report dated 26.05.2024 bearing Case

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Crime No.0164 of 2024, under Sections 302,201 I.P.C., Police Station Harpalpur, District Hardoi. The petitioner shall, however, cooperate in the investigation and get his statements 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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(Om Prakash Shukla,J.) (Vivek Chaudhary, J.)

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Order Date :- 17.9.2024 Arjun/-

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

Bateshwar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

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Bateshwar v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Others

Case brief

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