Disposed

Sunju Yadav @ Sanju Kumar and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Others

Allahabad HC18 Dec 2024CRLP/9637/2024

Case brief

AI extract

What is this about?

This High Court granted interim relief preventing the arrest of petitioners in a purported false FIR under the SC/ST Act lodged during a lawyer dispute, while dismissing a jurisdictional objection and fixing the case for further hearing.

What did the court decide?

Interim order preventing arrest of petitioners unless sufficient evidence exists; notice issued to respondent no.4 returnable within four weeks.

Sunju Yadav @ Sanju Kumar and Others vs State of U.P… — Caste Atrocities | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9637 of 2024

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Petitioner :- Sunju Yadav @ Sanju Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. And Others

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Counsel for Petitioner :- Amit Kumar Pathak,Ganesh Kumar Gupta,Gulab Shankar Pandey 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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A preliminary objection raised by learned A.G.A. that petitioner cannot challenge order passed by Criminal Court which is challenged by prayer no.2 in the present writ petition. Any order of the Court can be challenged either under Article 227 of Constitution of India or Section 482 Cr.P.C. (Now Section 528 of B.N.S.S.).

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Learned counsel for petitioner prays to not press prayer no.2 with liberty to raise the same before the appropriate forum/Court. The liberty is granted.

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This petition seeks issuance of writ in the nature of certiorari quashing the First Information Report dated 30.11.2024 bearing Case Crime No.0915 of 2024 registered under Sections 323, 394, 504, 506 I.P.C. and 3(1)(r) and 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at Police Station-Kotwali Sadar, District-Kheri.

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Submission of counsel for petitioner is that there was dispute between lawyers. Petitioners being police constables were reached on the spot when a call was received on 112. They only

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tried to settle the dispute between parties, however, respondentinformant being lawyer has lodged the false F.I.R. with absolutely false and concocted allegations. Even no case under Section SC/ST Act is made out as no abusive language has been used.

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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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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 petitioner shall cooperate in the investigation, which shall go on. If he does not do so, it shall be a ground vacation of this interim order.

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Order Date :- 18.12.2024 Arti/-

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

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Digitally signed by :- ARTI MAURYA High Court of Judicature at Allahabad, Lucknow Bench

Sunju Yadav @ Sanju Kumar and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Others

Case brief

What is this about?

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Sunju Yadav @ Sanju Kumar and Others v. State of U.P. Thru. Prin. Secy. Deptt. of Home U.P. Lko. and Others

Case brief

What is this about?

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