Partly allowed

Pradeep Kapoor and 3 Others v. State of U.P. and 2 Others

Allahabad HC4 Sept 2018CRLP/15508/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition regarding an FIR for cheating and forgery, the High Court stayed the arrest of petitioners pending the submission of a police report under Section 173 CrPC. The Court also directed the Mediation and Reconciliation Centre to refund Rs. 1,00,000/- deposited by petitioners after the failure of mediation proceedings and ordered expeditious investigation.

What did the court decide?

Stay of arrest; Direction for refund of Rs. 1,00,000/-; Direction for expeditious investigation within six weeks.

Pradeep Kapoor and 3 Others Vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 15508 of 2018

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Petitioner :- Pradeep Kapoor And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushil Shukla Counsel for Respondent :- G.A.,Anurag Vajpeyi

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Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.

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Heard Shri Sushil Shukla, learned counsel for the petitioners, Shri Akhilendra Yadav, learned counsel for the private-respondents and Shri Deepak Mishra, learned AGA appearing for the State.

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This writ petition has been filed with the prayer to direct the respondents no. 2 to make proper and fair investigation in pursuance of FIR dated 15.5.2018 registered as Case Crime No.687 of 2018, under Sections 420, 406, 467, 468, 471, 120-B IPC, police station Sector 20 Noida, district Gautam Budh Nagar.

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Learned counsel for the parties have informed the Court that the mediation proceedings between the parties have failed.

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From the perusal of the interim order dated 18.6.2018 passed by this Court it appears that this Court had stayed the arrest of the petitioners, we dispose of this writ petition with the direction that the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C.

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The petitioners shall file a certified copy of this order within two weeks' from today before the SSP concerned, who shall look into the matter and ensure that the investigation in the above mentioned case is completed expeditiously preferably within six weeks from the date of production of certified copy of this order.

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Learned counsel for the petitioners further submits that pursuant to the order of this Court dated 18.6.2018, petitioners have deposited Rs. 1,00,000/- before the Mediation and Reconciliation Centre, which was subject to the final outcome of the mediation. However, as the mediation

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between the parties has failed, the money deposited by the petitioners may be directed to be refunded.

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Accordingly, the Mediation and Reconciliation Centre is directed to refund the money deposited by the petitioners to the petitioners.

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With the aforesaid direction, this petition is finally disposed of.

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Learned AGA shall communicate this order to the concerned authorities concerned.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.)

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Order Date :- 4.9.2018 Sumaira

Pradeep Kapoor and 3 Others v. State of U.P. and 2 Others

Case brief

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What did the court decide?

Pradeep Kapoor and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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