Disposed

Anjum Fatima Jafri Alias Anjum Fatima Ashraf v. State of U.P. Thru. Secy. Deptt. Home Lko. and 4 Others

Allahabad HC20 Dec 2024CRLP/9992/2024

Case brief

AI extract

What is this about?

The court addressed a petition regarding the quashing of an FIR involving property dispute since 2008. Notice was issued, and an interim order was passed preventing the petitioner's arrest unless credible evidence emerges, requiring cooperation with investigation.

What did the court decide?

Interim order passed: petitioner shall not be arrested unless sufficient and credible evidence is available against him.

Anjum Fatima Jafri Alias Anjum Fatima Ashraf vs State of… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9992 of 2024

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Petitioner :- Anjum Fatima Jafri Alias Anjum Fatima Ashraf Respondent :- State Of U.P. Thru. Secy. Deptt. Home Lko. And 4 Others

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Counsel for Petitioner :- Aman Kumar Shrivastav 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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By means of this petition, the petitioner has sought quashing of First Information Report dated 13.11.2024 bearing F.I.R./Case Crime No. 1049/2024, under Sections 406 and 420 IPC, registered at Police Station Kotwali, District Barabanki.

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The submission of learned Counsel for the petitioner is that the petitioner is innocent and he has been falsely implicated in the present case. Further submission is that as per the FIR the sale deed is of the year 2008 and now after more than 15 years, the present FIR has been lodged with regard to title of the property and the dispute in this regard is pending before the competent authority/court.

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Therefore, a case for consideration is made out.

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Issue notice to respondent No. 5.

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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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Connect and list this case alongwith Criminal Misc. Writ Petition No.8763 of 2024.

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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

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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 :- 20.12.2024 Piyush/-

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

Anjum Fatima Jafri Alias Anjum Fatima Ashraf v. State of U.P. Thru. Secy. Deptt. Home Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Anjum Fatima Jafri Alias Anjum Fatima Ashraf v. State of U.P. Thru. Secy. Deptt. Home Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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