Disposed

Devendra Nath (in Fir Devendra Verma) and Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko and Others

Allahabad HC19 Dec 2024CRLP/9701/2024

Case brief

AI extract

What is this about?

This criminal miscellaneous writ petition sought the quashing of an FIR under various sections of the Bhartiya Nyaya Sanhita, 2023, alleging false implication and lack of injury. The High Court issued notice and directed exchange of pleadings, granting interim protection against arrest while mandating cooperation with the investigation process.

What did the court decide?

Interim direction issued restraining arrest of petitioners until the next date of listing, subject to cooperation in investigation.

Devendra Nath (in Fir Devendra Verma) and Others vs State… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9701 of 2024

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Petitioner :- Devendra Nath (In Fir Devendra Verma) And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Others Counsel for Petitioner :- Sunil Kumar Singh,Kartikeya Yadav,Kumar Nilesh,Prateek Agrawal

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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 petitioners, learned A.G.A. for the State-respondents and perused the record.

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The petitioners seek issuance of a writ in the nature of certiorari for quashing of the First Information Report dated 22.11.2024 bearing Case Crime No.0612 of 2024, under Sections 191(2), 115(2), 109, 310(2) of Bhartiya Nyaya Sanhita,2023, Police Station Sushant Golf City, District Lucknow.

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Learned counsel for the petitioners states that petitioners are innocent and they have been falsely implicated in the case. He further submits that no injury is suffered by any person, hence Section 109 of Bhartiya Nyaya Sanhita,2023 is wrongly invoked. The dispute involved in the present petition is between the lawyers.

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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, petitioners shall not be arrested in pursuance to the First Information Report dated 22.11.2024 bearing Case

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Crime No.0612 of 2024, under Sections 191(2),115(2),109,310(2) of Bhartiya Nyaya Sanhita,2023, Police Station Sushant Golf City, District Lucknow The petitioners shall, however, cooperate in the investigation and get their statements recorded before the Investigating Officer as and when they are called. If they do 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 :- 19.12.2024 Arjun/-

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

Devendra Nath (in Fir Devendra Verma) and Others 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?

Devendra Nath (in Fir Devendra Verma) and Others 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?

What the court decided

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