Ram Lakhan v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Allahabad HC17 Dec 2024CRLP/9615/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of an FIR alleging falsity in educational documents submitted by a P.R.D. Jawan. The court issued notice, allowed exchange of pleadings within four weeks and granted interim protection: no arrest till next listing, provided the petitioner cooperates with investigation.

What did the court decide?

No arrest till next date of listing; pleadings to be exchanged within four weeks.

Ram Lakhan vs State of U.P. Thru. Addl. Chief Secy… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9615 of 2024

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Petitioner :- Ram Lakhan

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others

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Counsel for Petitioner :- Ram Nath Pandey,Aneeta Yadav,Om Prakash Srivastav,Phool Badan Singh,Rahul Srivastava 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 the petitioner, learned AGA for the State-respondent and perused the record.

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The petitioner seeks issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 03.12.2024 bearing Case Crime No.0239 of 2024, under Sections 319(2), 318(4), 338,336(3) and 340(2) of B.N.S.,2023, Police Station Amethi, District Amethi.

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Learned counsel for the petitioner states that petitioner is innocent and he has been falsely implicated in the case. Learned counsel for petitioner further submits that the petitioner is working as P.R.D. Jawan since the year 1988 and he is due to retire within next two years. At this stage, certain allegations are made against him with regard to correctness of the educational documents submitted by him without conducting any departmental inquiry or providing opportunity of hearing to the petitioner to explain the same and straightaway the present F.I.R. has been lodged on the basis of unverified documents. The dispute is purely departmental and civil in nature.

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Case for consideration is made out.

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Issue notice to opposite party no. 4.

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Let the pleadings be exchanged within four weeks.

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List this case after four weeks.

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Considering the submissions made, it is provided that till the next date of listing, petitioner shall not be arrested in pursuance to the First Information Report dated 03.12.2024 bearing Case Crime No.0239 of 2024, under Sections 319(2), 318(4), 338,336(3) and 340(2) of B.N.S.,2023, Police Station Amethi,

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District Amethi. The petitioner shall, however, cooperate in the investigation and get his statements recorded before the Investigating Officer as and when he is called. If he does not do so then it can be 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 :- 17.12.2024 Arjun/-

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Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench

Ram Lakhan v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Ram Lakhan v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others

Case brief

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What the court decided

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