Disposed

Ram Kuber @ Ram Kuber Dwivedi and Others v. State of U.P. Thru. Prin. Secy. Home and Others

Allahabad HC5 Dec 2024CRLP/9270/2024

Case brief

AI extract

What is this about?

The court observed continued police harassment of petitioners post a prior order quashing an FIR. It directed the Superintendent of Police to file a personal affidavit by 12.12.2024 explaining the circumstances. The case was listed as a top ten matter.

What did the court decide?

Direction to the Superintendent of Police to file a personal affidavit explaining the alleged harassment of petitioners by 12.12.2024.

Ram Kuber @ Ram Kuber Dwivedi and Others vs State… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9270 of 2024

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Petitioner :- Ram Kuber @ Ram Kuber Dwivedi And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others

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Counsel for Petitioner :- Vaibhav Mishra 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.

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This petition seeks issuance of a writ in the nature of mandamus commanding the opposite party no.2/Superintendent of Police, Gonda to take appropriate action on the representation/application dated 26.11.2024 sent by the petitioner as the opposite party no.4/Investigating Officer, Police Station Kotwali Nagar, Gonda is not complying with the judgment and order dated 25.07.2024 passed by this Court in Criminal Misc. Writ Petition No.5139 of 2024 (Ram Kuber and others Vs. State of U.P. & others) nor following the mandatory provisions of Section 35(3) of the Bhartiya Nagrik Surksha Sanhita.

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In this case on a petition filed by the petitioners challenging the First Information Report in Criminal Misc. Writ Petition No.5139 of 2024 (Ram Kuber and others Vs. State of U.P. & others), this Court on 25.07.2024 passed the following order:-

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"Heard learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record.

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This petition seeks issuance of direction in the nature of certiorari for quashing the impugned F.I.R. dated 13.7.2024, bearing Case Crime No.0521/2024, for the offence under Sections 419, 420, 406, 506 IPC ( now 319(2), 318(4), 316(2) and 351(2); (351(3) of B.N.S.), registered at Police Station Kotwali, District Gonda.

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Learned counsel for the petitioners has submitted that the offences, as alleged, in FIR have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Code of

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Criminal Procedure.

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Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioners, entails sentence of less than seven years, provisions of Section 35(3) BNSS shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273: Arnesh Kumar vs. State of Bihar and another.

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Considering the stand of the investigating agency, learned counsel for the petitioners states that let this petition be disposed of in view of the above said facts.

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Accordingly, this petition is disposed of in view of the provisions of Section 35(3) BNSS and the law as laid down by Apex Court in the case of Arnesh Kumar (supra)."

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It is surprising that thereafter also the Police personnel are harassing the petitioners and their family members. In support thereof the petitioners have filed certain photographs of the Police personnel harassing the family members of the petitioners by thrashing them. There are also certain photographs with regard to misbehaviour by the Police personnel with the ladies/girls also.

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Let the Superintendent of Police, District Gonda file his personal affidavit by 12.12.2024 before this Court explaining the aforesaid circumstances.

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Put up this case on 12.12.2024, amongst top ten cases in the additional cause list.

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

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Order Date :- 5.12.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Ram Kuber @ Ram Kuber Dwivedi and Others v. State of U.P. Thru. Prin. Secy. Home and Others

Case brief

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Ram Kuber @ Ram Kuber Dwivedi and Others v. State of U.P. Thru. Prin. Secy. Home and Others

Case brief

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