Disposed

Sanjay Kumar Tiwari v. State of U.P Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Allahabad HC16 Oct 2024CRLP/7631/2024

Case brief

AI extract

What is this about?

Petitioner challenges an FIR under IPC Sections 406, 420, 467, 468, 471 and 120B, alleging false implication due to enmity with a co-accused. The court issues notice and interim non-arrest order.

What did the court decide?

Interim order preventing arrest of petitioner unless sufficient evidence exists; notice issued to respondent No.4.

Sanjay Kumar Tiwari vs State of U.P Thru. Addl. Chief Secy. Home Deptt. Lko. and Others — Allahabad HC (2024) — LawSathi Research

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7631 of 2024

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Petitioner :- Sanjay Kumar Tiwari Respondent :- State Of U.P Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Anjani Kumar Srivastav 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 petitioner and learned A.G.A. for the State-respondents.

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This petition seeks issuance of writ in the nature of certiorari quashing the First Information Report dated 14.09.2024 bearing Case Crime No.504 of 2024 registered under Sections 406, 420, 467, 468, 471 and 120B I.P.C. at Police Station-Kotwali Nagar, District-Ayodhya.

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Submission of counsel for petitioner is that petitioner is innocent and has been falsely implicated by the complainant in the present F.I.R. The co-accused, namely-Somdatt Mishra had earlier lodged an FIR on 04.03.2024 bearing FIR No.128 of 2024 under Sections 147, 323, 504 and 506 I.P.C. at Police Station-Kotwali Nagar, District-Ayodhya against the respondent No.4 due to which the respondent No.4 was having enmity with the co-accused and the petitioner and now, the present FIR has been lodged after six months i.e. on 14.09.2024 making false allegations against the petitioner. There is no evidence at all on the basis of which, the said FIR has been lodged. Dispute at best would be a civil dispute.

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Prima facie a case for consideration is made out.

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Issue notice to respondent no.4 returnable within four weeks.

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List this case after four weeks.

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Office will submit service report on the basis computerized tracking report.

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It is provided that petitioner shall not be arrested till the next date of listing on the basis of impugned First Information

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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 did not do so, it shall be a ground 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 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Sanjay Kumar Tiwari v. State of U.P Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Case brief

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Sanjay Kumar Tiwari v. State of U.P Thru. Addl. Chief Secy. Home Deptt. Lko. and Others

Case brief

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