Disposed

Kamla Devi and 5 Others v. State of U.P. Thru. Prin. Secy. (Home Deptt.) Govt. of U.P. Lko. and 3 Others

Allahabad HC18 Nov 2024CRLP/8530/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR under forgery, cheating and criminal conspiracy provisions. Petitioners undertook not to claim any specific portion of property beyond co-sharer status pending a partition suit. Court issued notice and granted interim protection from arrest until the next listing, subject to cooperation with investigation.

What did the court decide?

Interim relief: petitioners not to be arrested pursuant to the FIR dated 21.04.2024 until the next date of listing, subject to cooperation with investigation.

Kamla Devi and 5 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. - 8530 of 2024

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Petitioner :- Kamla Devi And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. (Home Deptt.) Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Dinesh Kumar 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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Supplementary Affidavit filed today by learned counsel for petitioners is taken on record.

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learned Heard learned counsel for the petitioners, learned AGA for the State-respondent and perused the record.

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The petitioners seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 21.04.2024 bearing Case Crime No.0166 of 2024, under Sections 419, 420, 467, 468, 471, 504, 506, 120-B I.P.C., Police Station Colonelganj, District Gonda.

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Learned counsel for the petitioners states that petitioners are innocent and they has been falsely implicated in the case.

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In the supplementary affidavit filed today, the petitioners in Paragraph-2 have stated that they shall not claim any specific portion in the property on the basis of the boundary given in the sale deed dated 10.01.2022 and only to be co-sharer along with other co-sharers and they shall thereafter abide by the order of the Court where the partition suit is pending.

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Case for consideration is made out.

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Issue notice to opposite party no. 4.

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Let the pleadings be exchanged within four weeks.

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List this case after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, petitioners shall not be arrested in pursuance to the First Information Report dated 21.04.2024 bearing Case Crime No.0166 of 2024, under Sections 419, 420, 467, 468, 471, 504, 506, 120-B I.P.C., Police Station

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Colonelganj, District Gonda. The petitioners shall, however, cooperate in the investigation and get their statements recorded before the Investigating Officer as and when they are called. If they do not do so then it can be 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 :- 18.11.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Kamla Devi and 5 Others v. State of U.P. Thru. Prin. Secy. (Home Deptt.) Govt. of U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Kamla Devi and 5 Others v. State of U.P. Thru. Prin. Secy. (Home Deptt.) Govt. of U.P. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

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