Disposed

Jahangeer Alam v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Others

Allahabad HC6 Nov 2024CRLP/7967/2024

Case brief

AI extract

What is this about?

In C.M. W.P. No. 7967 of 2024, the Allahabad High Court considered a petition seeking quashing of an FIR. The court issued an interim order staying the petitioner's arrest unless sufficient credible evidence emerges, while directing issue of notice and filing of counter affidavit.

What did the court decide?

Petitioner not to be arrested unless sufficient and credible evidence is available; notice issued to respondent 3; counter affidavit to be filed in four weeks.

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

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7967 of 2024

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Petitioner :- Jahangeer Alam

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Others

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Counsel for Petitioner :- Vimal Shukla 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 as well as perused the record.

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Supplementary affidavit filed by learned counsel for the petitioner today in the Court is taken on record.

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By means of this petition, the petitioner has sought quashing of First Information Report dated 14.10.2024 bearing F.I.R./Case Crime No. 229/2024, under Sections 376, 323, 506 I.P.C., Police Station Pachperwa, District Balrampur.

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Learned counsel for the petitioner submits that petitioner was in relationship with respondent no.3 and in fact for the said reason, a dispute between the families took place and the police challaned both the parties on 18.05.2024. The said documents are filed as annexure Nos. SA-1 to SA-4 and note a specific fact. Thereafter, only to create pressure and falsely implicate the petitioner, the impugned F.I.R. is lodged. Till date medical of the victim has also not been done.

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We have perused the record. A case for consideration is made out.

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Issue notice to opposite party no. 3.

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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

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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 :- 6.11.2024 Saurabh

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

Jahangeer Alam v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Others

Case brief

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Jahangeer Alam v. State of U.P. Thru. Prin. Secy. Home Lko. U.P. and Others

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