Sumit Shukla and Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Others
Case brief
What is this about?
Criminal Misc. Writ Petition No. 2116 of 2025; Sumit Shukla v. State of U.P.; High Court of Judicature at Allahabad, Lucknow Bench; Court No. 10; order date 12.3.2025; bench Vivek Chaudhary J. and Brij Raj Singh J.; FIR/Case Crime No. 0065 of 2025 dated 02.03.2025; Police Station Lalganj; District Pratapgarh; Sections 109(1), 115(2), 352 and 351(3) of B.N.S., 2023; quashing of FIR; false implication; wrongful invocation of Section 109 B.N.S.; minor penal offences; simple injuries; interim protection from arrest; no arrest till next date of listing unless sufficient and credible evidence; cooperation in investigation; statement before Investigating Officer; vacation of interim order; counter affidavit within four weeks; notice to opposite party no.5; counsel Rajnish Ojha; G.A. for State.
What did the court decide?
Interim protection: till the next date of listing, the petitioners shall not be arrested on the basis of the impugned FIR unless sufficient and credible evidence is available against them, subject to their cooperation in the investigation and recording of statements before the Investigating Officer; notice issued to opposite party no.5; counter affidavit directed within four weeks; matter to be listed after four weeks. Merits of the quashing prayer left for adjudication on a future date.