Brijesh Kumar and Another vs State of U.P. Thru. Secy. Home Lko and Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 8063 of 2024

Petitioner :- Brijesh Kumar And Another Respondent :- State Of U.P. Thru. Secy. Home Lko And Others Counsel for Petitioner :- Ajay Kumar Tripathi,Vijay Kumar 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 petitioners 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 25.09.2024 bearing Case Crime No.0227 of 2024 registered under Sections 191(2), 191(3), 109 B.N.S. at Police Station-Arwal, District-Hardoi.

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Submission of counsel for petitioners is that F.I.R. is false and based on concocted story. Even as per allegations made in the F.I.R. the fire was made with tamancha by Jagtendra S/o Ramesh Chandra. The police has also arrested the Jagtendra along with the tamancha and he is already granted bail. In view thereof, no case under Section109 B.N.S. is made out against petitioners.

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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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6. 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 petitioners 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 them pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioners shall cooperate in the investigation, which shall go on. If they do not do so, it shall be a ground vacation of this interim order.

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Order Date :- 24.10.2024 Arti/-

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[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Brijesh Kumar and Another v. State of U.P. Thru. Secy. Home Lko and Others

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Brijesh Kumar and Another v. State of U.P. Thru. Secy. Home Lko and Others

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