Disposed

Rajendra Prasad v. State of U.P. Thru. Prin. Secy. Home Deptt. Barabanki and 3 Others

Allahabad HC7 Nov 2024CRLP/8367/2024

Case brief

AI extract

What is this about?

A criminal miscellaneous writ petition was filed seeking quashing of an FIR. The High Court held a prima facie case was made out, issued notice to the respondent, and granted interim protection against arrest pending further orders.

What did the court decide?

Interim protection against arrest granted until the next date of listing. Notice issued to respondent no.4.

Rajendra Prasad vs State of U.P. Thru. Prin… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8367 of 2024

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Petitioner :- Rajendra Prasad

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Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Barabanki And 3 Others Counsel for Petitioner :- Farooq Ayoob,Km. Pooja Tiwari 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 petitioner 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 23.10.2024 bearing Case Crime No.0410 of 2024 registered under Sections 316(2), 140(1), 109 B.N.S. at Police Station-Asandra, DistrictBarabanki.

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Submission of counsel for petitioner is that petitioner is innocent and has committed no offence as has been alleged in the impugned F.I.R. Further submission is that the entire story as per the impugned F.I.R. is concocted on the face of it. It appears to be a dispute with regard to money which is attempted to be converted into criminal case. There is no medical evidence or any evidence of injury that was ever inflicted upon petitioner.

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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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List this case after four weeks.

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Office will submit service report on the basis computerized

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tracking report.

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It is provided that petitioner shall not be arrested till the next date of listing on the basis of impugned First Information Report, unless sufficient and cogent evidence is available against him pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioner shall cooperate in the investigation, which shall go on. If he does not do so, it shall be a ground vacation of this interim order.

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Order Date :- 7.11.2024 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

Rajendra Prasad v. State of U.P. Thru. Prin. Secy. Home Deptt. Barabanki and 3 Others

Case brief

What is this about?

What did the court decide?

Rajendra Prasad v. State of U.P. Thru. Prin. Secy. Home Deptt. Barabanki and 3 Others

Case brief

What is this about?

What did the court decide?

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