Disposed

Mohammad Mubashir v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Allahabad HC22 Nov 2024CRLP/8851/2024

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the Allahabad High Court granted interim protection to the petitioner, a witness in a sale-deed dispute, preventing his arrest pending investigation. The court directed issuance of notice to the opposite party and filed of counter-affidavits.

What did the court decide?

Petitioner granted interim protection against arrest; notice issued to opposite party no.4; counters asked to be filed.

Mohammad Mubashir vs State of U.P. Thru. Prin. Secy… — Cheating and Forgery | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8851 of 2024

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Petitioner :- Mohammad Mubashir Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Farooq Ayoob,Mansi Gupta Counsel for Respondent :- G.A.,Anand Mishra

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Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for petitioner and learned AGA for the State.

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This petition seeks issuance of a writ in the nature of certiorari quashing of the impugned FIR registered as Case Crime No. 485 of 2024, under Sections 406, 419, 420, 467, 468, 471, 506 IPC, Police Station Tikaitnagar, District Barabanki.

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Submission of learned counsel for the petitioner is that the petitioner is only a witness of the sale-deed. There is no allegation that any forged person has executed the sale-deed and, therefore, no case is made out against the petitioner, as he has identified a correct person. The allegations of committing cheat and fraud are against the seller of the property, who is the main accused and the case of the petitioner is clearly distinguishable from him.

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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 by opposite parties within a period of three weeks. Rejoinder affidavit may also be filed within a period of one week thereafter.

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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 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

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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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[Brij Raj Singh,J.] [Vivek Chaudhary,J.]

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Order Date :- 2.12.2024 kkv/

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Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Mubashir v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

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Mohammad Mubashir v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

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