Allowed

Ram Das @ R.D. Rawat v. State of U.P. Thru. Secy. Prin. Home Deptt. Lko. and 3 Others

Allahabad HC7 Feb 2024CRLP/910/2024

Case brief

AI extract

What is this about?

The High Court granted interim protection against arrest to a petitioner facing FIR for cheating and forgery offenses, noting the pendency of a related civil suit and the claim of an agreement to sell. The court directed the petitioner to make his statement available to the police.

What did the court decide?

Interim protection against arrest subject to making statement available to police.

Ram Das @ R.D. Rawat vs State of U.P. Thru. Secy. Prin… — Quashing and FIR | Allahabad HC (2024)

¶1

Court No. - 9

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 910 of 2024

¶3

Petitioner :- Ram Das @ R.D. Rawat Respondent :- State Of U.P. Thru. Secy. Prin. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Sheel Nidhi Shukla,Shiv Darshan Shukla

¶4

Counsel for Respondent :- G.A.

¶5

Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

¶6

Heard.

¶7

Let notice be issued to opposite party No.4.

¶8

Let the pleadings be exchanged within eight weeks.

¶9

List thereafter.

¶10

By means of this petition, the petitioner has sought quashing of F.I.R. dated 25.01.2024, bearing Case Crime/FIR No.21/2024, for the offence under Sections 420, 467, 468, 471, 504, 506 I.P.C., registered at Police Station Bijnaur, District - Lucknow.

¶11

Considering the contention of petitioner's counsel that an agreement to sell was entered into between the petitioner and informant, who had good relations with each other and on being asked to execute the sale deed of the land belonging to the informant, when he refused, the petitioner filed a suit before the court of competent civil jurisdiction, i.e. Civil Judge (J.D.), Havali, Lucknow bearing Case No.2001/2023 on 04.07.2023, thereafter, out of malice only with intent to resile from the agreement arrived at earlier and to falsely implicate the petitioner in a criminal case, as an arm twisting measure, the impugned F.I.R. has been lodged, and that the witness of the agreement has also given an affidavit before the police authorities that the informant had signed it, we are of the opinion that in view of the pendency of the suit pertaining to the same matter, interim protection is liable to be extended to the petitioner.

¶12

We, accordingly, provide that the petitioner shall not be arrested on the basis of the impugned First Information Report, unless and until there is sufficient and cogent evidence available against him regarding commission of the offence. He shall get

¶13

his statement recorded before the Police 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.

¶14

(Narendra Kumar Johari,J.) (Rajan Roy,J.)

¶15

Order Date :- 7.2.2024 ML/-

¶16

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench

Ram Das @ R.D. Rawat v. State of U.P. Thru. Secy. Prin. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Das @ R.D. Rawat v. State of U.P. Thru. Secy. Prin. Home Deptt. Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Indrawati Rai @ Neetu Rai vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and Others

Shiv Saran Upadhyay and Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Rajiv Kumar Yadav and Others vs State of U.P. Thru. Prin. Secy. Medical and Health U.P. Lko. and Others

Mohd. Dilshad Khan Alias Achche vs State of U.P. Thru. Secy. Home Deptt. Civil Secrt. U.P. Lko. and Others

Smt. Shivani Patwa and Others vs State of U.P. Thru. Prin. Secy. Home Lko. and Others

Ajaj Ahmad vs State of U.P Thru. Prin. Secy. Deptt. Home Civil Secrt. Lko. and Others