Criminal Misc. Writ Petition seeking quashing of FIR under BNS. Court granted interim stay on arrest, directed filing of counter affidavit, and allowed amendment to case number.
Quashing of FIR deferred, interim non-arrest order granted, counter affidavit directed within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 10
Case :- CRIMINAL MISC. WRIT PETITION No. - 8766 of 2024
Petitioner :- Chaudhary Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others
Counsel for Petitioner :- Shubham Tripathi,Aditya Vikram Singh,Inam Uddin Ahmed Counsel for Respondent :- G.A.,Farhan Alam Osmany
Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.
(I.A. No.NIL of 2024-Amendment)
(Order on Petition)
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.
[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]
Order Date :- 22.11.2024 Sachin
Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the FIR alleging death caused by serious blows warrants quashing given discrepancy between FIR allegations and PMT injuries.
Whether to grant interim protection against arrest pending investigation.
Whether a counter affidavit by the respondent will assist in deciding the petition.
1 provisions across 1 enactments
Chaudhary
State Of U.P.
Vivek Chaudhary
Om Prakash Shukla
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
