Disposed
Jai Prakash v. State of U.P. Thru. Prin. Secy. Home Lko. and Others
Allahabad HCCRLP/943/2024
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Disposed
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 943 of 2024
Petitioner :- Jai Prakash
Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Anil Kumar Tiwari Counsel for Respondent :- G.A.
Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate for the State.
By means of this petition, the petitioner has sought quashing of First Information Report dated 02.02.2024 bearing Case Crime No.32/2024 alleging commission of offence under Section-436 I.P.C. lodged with Police Station-Kotwali Bikapur, DistrictFaizabad/Ayodhya.
Let notice be issued to opposite party no.4.
Pleadings be exchanged between the parties within eight weeks. List thereafter.
Considering the submission of learned counsel for the petitioner that in the F.I.R. itself it is mentioned that the same is being lodged on mere suspicion otherwise there is no evidence to link the petitioner to the fire which broke out in the shop of the informant. Prior enmity can cut both ways, therefore, this is a fit case for quashing the F.I.R., we accordingly provide that petitioner shall not be arrested in the aforesaid criminal case unless there is sufficient and cogent evidence available against him indicating commission of criminal offence as alleged in the impugned First Information Report. However, he shall cooperate in the investigation and get his statement recorded before the Investigating Officer as and when called and if he does not do so then it can be made a ground for seeking vacation of this interim order.
(Narendra Kumar Johari,J.) (Rajan Roy,J.)
Order Date :- 8.2.2024 Shanu/-
Digitally signed by :- SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench
Jai Prakash
State Of U.P.
Rajan Roy
Narendra Kumar Johari
As recorded by the court registry
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