Disposed

Mukut Dwivedi @ Braj Kishor Dwivedi v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko and Others

Allahabad HC12 Dec 2024CRLP/9487/2024

Case brief

AI extract

What is this about?

Single bench criminal writ petition seeking quashing of an FIR. Court noted prima facie case out, issued notices, granted interim stay on arrest, and listed matter for hearing.

What did the court decide?

Notice issued to respondents; interim stay on arrest of the petitioner granted; case listed for hearing after four weeks.

What the court decided

Mukut Dwivedi @ Braj Kishor Dwivedi vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:83435-DB

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9487 of 2024

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Petitioner :- Mukut Dwivedi @ Braj Kishor Dwivedi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko And Others Counsel for Petitioner :- Pradeep Tiwari,Shashank Tilhari 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 petitioner 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 04.12.2024 bearing Case Crime No.0376 of 2024, under Sections 191(2), 352, 351(2), 351(3) and 308(5) B.N.S., Police Station Achalganj, District Unnao.

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3.Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case, in fact, there was a dispute with regard to digging of land between two groups, hence cross First Information Reports were lodged by both the parties.

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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 petitioner 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 him pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioner shall cooperate in the investigation, which shall go on. If he does not do so, it

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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 :- 12.12.2024 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mukut Dwivedi @ Braj Kishor Dwivedi v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Mukut Dwivedi @ Braj Kishor Dwivedi v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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