Taj Mohammad v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Others

Allahabad HC18 Dec 2024CRLP/9663/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR registered under multiple provisions of B.N.S., 2023 and Criminal Law (Amendment) Act, 1932 after Section 109 was added during investigation despite simple injuries. Court issued notice to respondent No.4, directed the Investigating Officer to file a personal affidavit on material supporting the added section within four weeks, and granted interim protection fr

What did the court decide?

No arrest of petitioner till next hearing unless credible evidence emerges, conditional on cooperation in investigation.

Taj Mohammad vs State of U.P. Thru. Prin. Secy. Deptt. of… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9663 of 2024

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Petitioner :- Taj Mohammad Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Others

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Counsel for Petitioner :- Lalji Yadav,Vishnu Prakash 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 and learned A.G.A. for the State-respondents.

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Supplementary affidavit filed today in the Court by learned Counsel for the petitioner is taken on record.

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By means of this petition, the petitioner has sought quashing of First Information Report dated 29.11.2024 bearing F.I.R./Case Crime No. 0506/2024, under Sections 191(2), 191(3), 190, 324(2), 333, 115(2), 351(3) of B.N.S., 2023 and Section 7 of Criminal Law (Amendment) Act, 1932, registered at Police Station-Tarabganj, District-Gonda.

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Learned A.G.A. for the State-respondents on the basis of instructions submits that Section 109 of B.N.S., 2023 has added in the FIR during the course of investigation.

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The submission of learned Counsel for the petitioner is that the petitioner is an innocent person and has been falsely implicated in the present case. Initially, the FIR was lodged under Sections 191(2), 191(3), 190, 324(2), 333, 115(2), 351(3) of B.N.S., 2023 and Section 7 of Criminal Law (Amendment) Act, 1932, however, later on during the course of investigation Section 109 of B.N.S., 2023 has been added by the Investigating Officer concerned. Further submission of learned Counsel for the petitioner is that the there was no material available before the Investigating Officer concerned to add Section 109 of B.N.S., 2023 as all the injuries were simple in nature and only one head injury was reported on the victim and that too came as simple in the CT-Scan report, thus, Section 109 of B.N.S., 2023 has been added by the Investigating Officer concerned only to give gravity to the alleged offences.

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Therefore, a case for consideration is made out.

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Issue notice to respondent No.4.

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Office shall submit service report by affixing computer generated tracking report.

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Let Investigating officer concerned file his personal affidavit disclosing the material available before him for adding Section 109 of B.N.S., 2023 during the course of investigation 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 petitioner shall not be arrested on the basis of the impugned First Information Report, unless sufficient and credible evidence is available against him. The petitioner shall, however, cooperate in the investigation and get his statement recorded before the Investigating Officer as and when he is called. If he does 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 :- 18.12.2024 Piyush/-

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Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Taj Mohammad v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Others

Case brief

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Taj Mohammad v. State of U.P. Thru. Prin. Secy. Deptt. of Home and Others

Case brief

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What the court decided

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