Ruksana Begam and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Others

Allahabad HC12 Dec 2024CRLP/9464/2024

Case brief

AI extract

What is this about?

Criminal Misc. Writ Petition seeking quashing of an FIR based on allegations of land dispute and false implication. Court permitted interim stay on arrest until next listing, requiring cooperation with investigation.

What did the court decide?

Interim stay granted prohibiting arrest of petitioners under the impugned FIR unless sufficient and credible evidence is available.

Ruksana Begam and Another vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9464 of 2024 Petitioner :- Ruksana Begam And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And Others

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Counsel for Petitioner :- Prashant Kumar Chaurasia,Purshottam Chaurasia Counsel for Respondent :- G.A.,Amit Kumar Dubey,Shesh Mani

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Hon'ble Vivek Chaudhary,J. Hon'ble Om Prakash Shukla,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State as well as learned counsel for the caveator.

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By means of this petition, the petitioners have sought quashing of First Information Report dated 11.10.2024 bearing F.I.R./Case Crime No.0153 of 2024, under Sections 191(2), 115(2), 352, 76, 351(3), 333, 127(2) & Section 70(1) of B.N.S., 2023, registered at Police Station Mandhata, District Pratapgarh.

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Submission of learned counsel for the petitioners is that the dispute is with regard to a land on which, constructions were being raised by the petitioners and the informant was strongly opposing the same, and only for the said reason, false and concocted F.I.R. has been lodged against the petitioners. In the F.I.R., the allegation was of attempt to commit rape, however, later on, the same has been changed to rape by two persons. The medical report does not support the prosecution case as there was no injury found.

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In view of the aforesaid facts, a case for consideration is made out.

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Let counter affidavit be filed within four weeks.

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List after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, the petitioners shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against them. The petitioners shall, however, cooperate in the investigation and get their statement recorded before the Investigating Officer as and when they are called. If they do not do so then it can be made a ground for seeking vacation of this interim order.

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[Om Prakash Shukla,J.] [Vivek Chaudhary,J.]

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Order Date :- 12.12.2024 Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Ruksana Begam and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Others

Case brief

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Ruksana Begam and Another v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko and Others

Case brief

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