Disposed

Sayed Javed Ahmad v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Allahabad HC16 Oct 2024CRLP/7586/2024

Case brief

AI extract

What is this about?

Court issued interim direction staying petitioner's arrest in quashing petition challenging FIR. Bench referred similar Writ Petitions elsewhere for listing and permitted impleadment of Nagar Palika Parishad while directing respondents to file counter affidavits within three weeks.

What did the court decide?

Impugned arrest stayed; impleadment of Nagar Palika Parishad permitted; respondents directed to file counter affidavits.

Sayed Javed Ahmad vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7586 of 2024

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Petitioner :- Sayed Javed Ahmad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Others Counsel for Petitioner :- Surya Kant Singh Counsel for Respondent :- G.A.

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

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Heard learned counsel for the parties and perused the record.

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Learned counsel for the petitioner prays for and is permitted to implead the Nagar Palika Parishad, Nawabganj, Barabanki through its Executive Officer as respondent no.6 during the course of the day.

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By means of this petition, petitioner has sought quashing of the impugned FIR No.0832 of 2024 registered under Sections 318(4), 338, 336(3), 340(2) of Bhartiya Nyaya Sanhita (B.N.S.) 2023 and Section 2 & 3 of Prevention of Damage to Public Property Act, 1984 at Police Station- Kotwali, District Barabanki.

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Submission of learned counsel for the petitioner is that the dispute is purely civil in nature, which is pending before the civil court.

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We do not see any need in the aforesaid circumstances to issue notice to respondent Nos. 5 & 6.

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Sri Ajeet Kumar, learned counsel appearing for Nagar Palika Parishad as well as leaned AGA pray for time to file counter affidavit.

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Let the counter affidavits be filed within three weeks. Two weeks thereafter is allowed to file rejoinder affidavit.

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List thereafter alongwith Crl. Misc. Writ Petition Nos. 7335 of 2024; Mohd Younus & others vs. State of U.P. & others and 7421 of 2024; Bushra Shahnaz & others vs. State of U.P. and others .

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Considering the submission made, it is provided that petitioner shall not be arrested till the next date of listing on the basis of

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impugned First Information Report, unless sufficient and cogent evidence is available against him pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioner shall cooperate in the investigation, which shall go on. If he does not do so, then it can be made 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 :- 16.10.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Sayed Javed Ahmad v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Case brief

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Sayed Javed Ahmad v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Case brief

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What the court decided

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