Shahabuddin v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Allahabad HC19 Nov 2024CRLP/8733/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR alleging cheating and forgery offences. The petitioner undertook not to claim rights over the disputed property except under Civil Court orders. The court issued notices for counters but granted interim protection: petitioner not to be arrested till next hearing if he cooperates with investigation.

What did the court decide?

Interim protection from arrest on the basis of the FIR till next listing, subject to cooperation in investigation and statement before the IO.

Shahabuddin vs State of U.P. Thru. Addl. Chief Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8733 of 2024

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Petitioner :- Shahabuddin Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Dinesh Kumar Mishra,Nishant Mishra

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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 petitioner and learned A.G.A. for the State.

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By means of this petition, the petitioner has sought quashing of First Information Report dated 11.11.2024 bearing F.I.R./Case Crime No.1032 of 2024, under Sections 419, 420, 467, 468, 471, 120B IPC, registered at Police Station Kotwali, District Barabanki, and for a direction to the opposite parties not to arrest the petitioner pursuant to the impugned F.I.R.

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Submission of learned counsel for the petitioner is that there is no evidence that petitioner has filed any suit and his name only appears in the boundaries of one of the sale deeds on the basis of which, it is claimed that petitioner has gained some benefits. Learned counsel submits that the petitioner shall not claim any right with regard to the property in dispute except under the appropriate orders of the Civil Court. The petitioner has given an undertaking by means of Para 22 of the writ petition, which is quoted hereinbelow:

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"22. That the petitioner will not claim any right during the pendency of the suit between the parties and Hon'ble High Court itself granted the order of the status-quo which has been filed in the writ petition."

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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 all the opposite parties file a detailed counter affidavit within four weeks.

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Connect and list with Criminal Misc. Writ Petition No.2949 of 2024 after four weeks.

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Considering the undertaking given by the petitioner, it is provided that till the next date of listing, the petitioner shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against him. The petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when he is called. If he does 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 :- 19.11.2024 Sachin

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

Shahabuddin v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Shahabuddin v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 3 Others

Case brief

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