Mo. Akmal Khan vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 7865 of 2024 Petitioner :- Mo. Akmal Khan

Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Manoj Kumar Mishra,Shivam Srivastava,Vikas Yadav 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 petitioner and learned A.G.A. for the State.

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By means of this petition, the petitioner has sought quashing of First Information Report dated 3.10.2024 bearing F.I.R./Case Crime No.0516 of 2024, under Section 316(5) of B.N.S., 2023, registered at Police Station Kotwali Ayodhya, District Ayodhya.

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Submission of learned counsel for the petitioner is that the allegations against the petitioner are vague and relates to the year 2021. There is no specific role assigned to the petitioner with regard to the documents, which are missing. It is a service dispute.

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Therefore, a case for consideration is made out.

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Issue notice to opposite party no.4.

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Office shall submit service report by affixing computer generated tracking report.

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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 petitioner shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against him. The petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when he is called. 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 :- 21.10.2024 Sachin

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

Mo. Akmal Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

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Mo. Akmal Khan v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

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