Rajendra Prasad Yadav v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Allahabad HC9 Jan 2024CRLP/94/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR under Section 409 IPC lodged against a former Village Secretary. The court granted interim protection from arrest subject to cooperation in investigation and directed the SP to monitor the stalled investigation with a Dy SP affidavit on progress.

What did the court decide?

Interim protection from arrest pursuant to the impugned FIR, subject to cooperation in investigation; directions for monitored and prompt investigation.

Rajendra Prasad Yadav vs State of U.P. Thru. Prin. Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 94 of 2024

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Petitioner :- Rajendra Prasad Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Lalji Yadav,Vishnu Prakash Counsel for Respondent :- G.A.

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

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Heard.

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By means of this petition, the petitioner has sought quashing of First Information Report dated 4.3.2023 bearing FIR No. 0062 of 2023 under Section 409 IPC, registered at Police Station, Manikpur District Pratapgarh.

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Issue notice to the opposite party no. 4.

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Let the pleadings be exchanged within eight weeks.

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List immediately thereafter.

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The contention of the petitioner's counsel is that petitioner was the Village Secretary at the relevant time in 2018 and he retired in 2018. He further contended that challenging the impugned FIR, the Gram Pradhan approached this Court by means of Crl. Misc. Writ Petition No. 2641 of 2023 wherein an interim protection was granted to him. He also says that in the first enquiry conducted by the department after issuance of show cause notice to the petitioner, he was not found guilty, however, when proceedings were initiated against the Gram Pradhan without giving notice to the petitioner, he was held responsible, consequently the impugned FIR has been lodged, he is not at all responsible in the matter.

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In response to our earlier order, Sri Vipul Kumar, brief holder of learned AGA for the State has received instructions which are only to the effect that the petitioner was posted as Village Secretary at the relevant time but on being asked as to what is the evidence collected as of now as the FIR was lodged on 4.3.2023, he could not point out any such evidence.

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In view of the aforesaid, it is provided that the petitioner shall not be arrested pursuant to the impugned FIR, unless there is sufficient and credible evidence 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.

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The Superintendent of Police, Pratapgarh shall look into the matter as to why investigation has remained pending for more than nine months in such a matter where there would be documentary evidence also. He should get the investigation monitored by any Senior Officer so as to ensure that it is fair and prompt.

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Apart from the Investigating Officer, an Officer of the rank of Deputy Superintendent of Police working under the opposite party no. 2 shall also file his affidavit as to the progress in the investigation.

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

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Order Date :- 23.1.2024 AKK

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

Rajendra Prasad Yadav v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

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Rajendra Prasad Yadav v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Others

Case brief

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