Disposed

Virender Kumar Pandey and Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Allahabad HC16 Dec 2024CRLP/9546/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted interim stay on arrest against the impugned FIR dated 24.10.2024, issued notice to the respondent police station, and directed the State to file a counter affidavit within four weeks.

What did the court decide?

Interim stay on arrest granted; notice issued to respondent; counter affidavit directed.

Virender Kumar Pandey and Others vs State of U.P. Thru… — Bail and Remand | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9546 of 2024

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Petitioner :- Virender Kumar Pandey And Others Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Others

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Counsel for Petitioner :- Abhishek Dwivedi,Paritosh Shukla 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 respondents.

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This petition seeks issuance of writ in the nature of certiorari quashing the First Information Report dated 24.10.2024 bearing Case Crime No.308/2024, under Sections 115(2), 309(4), 324(4), 329(4) B.N.S., Police Station Hazratganj, District Lucknow Central (Commissionerate Lucknow).

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Learned counsel for the petitioners submits that petitioner No.1 had lodged an F.I.R. dated 19.09.2024 bearing Case Crime No.0263 of 2024, under Sections 74, 110, 115(2), 351(3), 352 B.N.S. at Police Station Hazratganj, District Lucknow Central (Commissionerate Lucknow) against the respondent No.4 with regard to misbehavior. He further submits that only to put pressure upon the petitioners, the instant F.I.R. had been lodged against the petitioners with false allegations.

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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 petitioners 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 them pointing towards the commission of offence as alleged in the impugned F.I.R. The petitioners shall cooperate in

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the investigation, which shall go on. If they do not do so, it 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 :- 16.12.2024 Saurabh

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Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench

Virender Kumar Pandey and Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Virender Kumar Pandey and Others v. State of U.P. Thru. Secy. Home Deptt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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