Friday, January 27, 2023

Allahabad High Court stays coercive action against former village head of Jamnia Village

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The Allahabad High Court has stayed the coercive action against former village head Reenu Yadav and Panchayat Secretary Ram Janam Singh of Jamnia, Ghazipur, Andhiara under the FIR registered at Suhwal police station and has sought a response from the state government on the petition in six weeks.

The Division Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar passed this order while hearing a Criminal Misc Writ petition filed by Rinu Yadav And Another.

The Court noted that,

Contention is that on a complaint of 16.8.2019, cognizance has been taken on 2.4.2022 and an ex-parte inquiry report has been submitted on the very next day and before the time to submit a reply to show cause dated 5.4.2022 could expire, the first information report itself has been lodged on 6.4.2022.

Submission is that proceedings have been initiated in undue hot haste in order to victimize the petitioners for extraneous consideration.

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The Court observed that the matter requires consideration.

“All the respondents may file a counter affidavit within six weeks. Rejoinder affidavit may also be filed within two weeks, thereafter. List thereafter.

Till the next date of listing, no coercive action shall be taken against the petitioners pursuant to impugned First Information Report, registered as Case under Section 409 I.P.C, Police Station-Suhwal, District Ghaziabad. Petitioners, however, shall cooperate in the investigation”, the Court ordered.

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