Disposed

Guddi Devi and 9 Others v. State of U.P. Thru. Prin.Secy. Home Lko. and 3 Others

Allahabad HC5 Dec 2024CRLP/9202/2024

Case brief

AI extract

What is this about?

In a miscellaneous criminal writ petition seeking quashing of an FIR alleged to be a counterblast, the High Court issued notice to the respondent and the State Advocate General for counter affidavit, listed the case after four weeks, and granted interim relief against arrest pending investigation.

What did the court decide?

Notice issued to respondent; interim order restraining arrest of petitioners provided; case listed after four weeks.

Guddi Devi and 9 Others vs State of U.P. Thru. Prin.Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9202 of 2024

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Petitioner :- Guddi Devi And 9 Others Respondent :- State Of U.P. Thru. Prin.Secy. Home Lko. And 3 Others

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Counsel for Petitioner :- Arshad Siddiqui,Akshay Singh 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 petitioners and learned A.G.A. for the State respondents.

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This petition seeks issuance of writ in the nature of certiorari quashing the First Information Report dated 14.11.2024 bearing Case Crime No.442/2024, under Sections 147, 323, 504, 506, 452, 354, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station Kothi, District Barabanki.

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Learned counsel for the petitioners submits that on the allegations of rape committed on 14.11.2023, an F.I.R. was lodged by Guddi Devi i.e. the Petitioner No.1 through an application under Section 156(3) Cr.P.C., which was registered as F.I.R. No.0231 of 2024, under Sections 34, 376, 323, 325, 506 I.P.C. at Police Station Kothi, District Barabanki on 26.06.2024. Immediately thereafter alleging the incident dated 30.06.2024, again through an application under Section 156(3) Cr.P.C., the instant F.I.R. has been lodged against the Petitioner No.1 and her family members under various Sections including Section 376 I.P.C.

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Learned counsel for the petitioners further submits that this is nothing but a counter blast case against the family of the Petitioner No.1 to put pressure with regard to the first F.I.R. The allegations are vague and are not supported by any medical evidence.

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Prima facie a case for consideration is made out.

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Issue notice to respondent no.4 returnable within four weeks.

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Learned A.G.A. for the State may file counter affidavit within four weeks.

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List this case after four weeks.

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Office will submit service report on the basis computerized tracking report.

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It is provided that petitioners shall not be arrested till the next date of listing on the basis of impugned First Information Report, unless sufficient and cogent evidence is available against them pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioners shall cooperate in the investigation, which shall go on. If they do not do so, it shall be a ground for vacation of this interim order.

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( Om Prakash Shukla,J. ) ( Vivek Chaudhary,J. )

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Order Date :- 5.12.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Guddi Devi and 9 Others v. State of U.P. Thru. Prin.Secy. Home Lko. and 3 Others

Case brief

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Guddi Devi and 9 Others v. State of U.P. Thru. Prin.Secy. Home Lko. and 3 Others

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