Disposed

Majnu @ Manjnu and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC5 Nov 2024CRLP/8185/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR under Sections 420, 406, 323, 427, 504 and 506 IPC concerning a foreign job placement contract gone wrong. Court issued notice to the complainant, sought counter affidavit within four weeks, and granted interim protection from arrest subject to cooperation with the investigation.

What did the court decide?

Notice issued to opposite party no.4; interim non-arrest protection till next date of listing, conditioned on cooperating with investigation.

Majnu @ Manjnu and Others vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8185 of 2024 Petitioner :- Majnu @ Manjnu And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Suryakant Singh,Ranjeet 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 the petitioners and learned A.G.A. for the State.

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By means of this petition, the petitioners have sought quashing of First Information Report dated 20.7.2024 bearing F.I.R./Case Crime No.0204 of 2024, under Sections 420, 406, 323, 427, 504 & 506 IPC, registered at Police Station Jahangirabad, District Barabanki.

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Submission of learned counsel for the petitioners is that the F.I.R. is false. He submits that the petitioners had performed their part of the contract for sending the son of the informant for job to foreign country and as his son could not adjust in the said country, therefore, after coming back, he lodged the present F.I.R.

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In view of the aforesaid facts, 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 their statement recorded before the Investigating Officer as and when they are called. If they do 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 :- 5.11.2024 Sachin

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

Majnu @ Manjnu and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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What did the court decide?

Majnu @ Manjnu and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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What did the court decide?

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