Disposed

Rati Ram and Another v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko and Others

Allahabad HC24 Oct 2024CRLP/8072/2024

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition seeking quashing of an FIR alleging death caused by blows, due to discrepancy between FIR and post mortem report. Notice issued for counter affidavit with direction not to arrest petitioners until next date.

What did the court decide?

Notice issued to opposite party no. 4. No arrest of petitioners allowed on basis of FIR until next date unless sufficient and credible evidence exists.

Rati Ram and Another vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8072 of 2024

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Petitioner :- Rati Ram And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko And Others Counsel for Petitioner :- Dhanush Dhari Prasad Singh 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.

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By means of this petition, the petitioners have sought quashing of First Information Report dated 31.08.2024 bearing F.I.R./Case Crime No.0451 of 2024 , under Sections 191(2), 191(3), 190, 103 BNS, registered at Police Station Shahabad, District Hardoi.

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Learned counsel for the petitioners submits that as per the averments made in the FIR, victim died due to serious blows of lathi and saria caused by the petitioners. However, the post mortem report does not support the same and describes different reason(s) for the cause of death. The ante mortem injuries noted in the post mortem also does not show that any hazard could be caused from the same. Therefore, the entire story in the FIR is concocted.

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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 petitioners shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against them. The petitioners shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when they are called. If they do not do so then it can be

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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 :- 24.10.2024 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Rati Ram and Another v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko and Others

Case brief

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What did the court decide?

Rati Ram and Another v. State of U.P. Thru. Prin. Secy. Home, Civil Sectt. Lko and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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