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

Allahabad HC10 Dec 2024CRLP/7818/2024

Case brief

AI extract

What is this about?

This Criminal Misc. Writ Petition seeks quashing of an FIR under BNS 2023 and PDPPP Act 1984 by the petitioner as a civil dispute. The High Court refused to issue notice, granted interim stay on arrest, conditioned on investigation cooperation, and allowed time for affidavits while listing the matter.

What did the court decide?

Interim stay on arrest until next listing date; time granted for counter affidavits and rejoinder; listing fixed along with co-petitions.

Mohammad Ahmad vs State of U.P. Thru. Addl. Chief Secy… — Quashing and FIR | Allahabad HC (2024)

¶1

Court No. - 10

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 7818 of 2024

¶3

Petitioner :- Mohammad Ahmad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Surya Kant Singh,Shubham Singh Counsel for Respondent :- G.A.,Ajeet Kumar

¶4

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

¶5

Heard learned counsel for the parties and perused the record.

¶6

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) and 340(2) of Bhartiya Nyay Sanhita (B.N.S.) 2023 and Section 2 & 3 of Prevention of Damage to Public Property Act, 1984 at Police Station Kotwali, District Barabanki.

¶7

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

¶8

We do not see any need in the aforesaid circumstances to issue notice to respondent No.5.

¶9

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

¶10

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

¶11

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

¶12

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

¶13

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.

¶14

(Om Prakash Shukla,J.) (Vivek Chaudhary,J.) Order Date :- 18.10.2024 Arjun/-

¶15

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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Rakesh Gautam vs State of U.P. Thru. Home Deptt. Lko. and Others

Punam Dwivedi @ Punam vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Sadhana vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Mohd. Younus and Others vs State of U.P. Thru. Addl. Chief Secy. Home Lko and Others

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

Inam Waris and 7 Others vs State of U.P. Thru. Addl. Chief Secy. Lko. and 4 Others