Sandeep Singh vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

Court No. - 10

Case :- CRIMINAL MISC. WRIT PETITION No. - 9738 of 2024 Petitioner :- Sandeep Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others

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Counsel for Petitioner :- Chandra Shekhar Sinha,Akshat Sinha,Gaurav Verma 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.

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By means of this petition, the petitioner has sought quashing of First Information Report dated 9.9.2024 bearing F.I.R./Case Crime No.0259 of 2024, under Sections 328, 406, 420 IPC, registered at Police Station Bakshi Ka Talab, District Lucknow.

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Submission of learned counsel for the petitioner is that the petitioner is innocent and has been falsely implicated in the present case. He submits that the dispute is purely civil in nature and now only to put pressure upon the petitioner to pay more money, present F.I.R. has been lodged.

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In view of the aforesaid facts, a case for consideration is made out.

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Issue notice to opposite party no.3.

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

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Let counter affidavit be filed 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 :- 19.12.2024 Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Sandeep Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

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Sandeep Singh v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others

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