Partly allowed

Veer Sain @ Vaisu @ Yash Pal and 16 Others v. State of U.P. and 3 Others

Allahabad HC24 Jul 2018CRLP/19764/2018

Case brief

AI extract

What is this about?

The court quashed the arrest of petitioners 2 to 16 in a malicious FIR allegedly lodged to pressure a petitioner over fair price shop compliance, while dismissing the plea of petitioner 1 for distinct fraud allegations.

What did the court decide?

Director, Investigation of case shall go on but petitioner nos. 2 to 16 shall not be arrested till submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investi

Veer Sain @ Vaisu @ Yash Pal and 16 Others Vs State of… — Quashing and FIR | Allahabad HC (2018)

¶1

Court No. - 1

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 19764 of 2018 Petitioner :- Veer Sain @ Vaisu @ Yash Pal And 16 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vipin Kumar Counsel for Respondent :- G.A.

¶3

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

¶4

Heard Sri Vipin Kumar, learned counsel for the petitioners, Sri Ram Raj Pandey, learned counsel for respondent no. 3, Sri N.K. Verma, learned A.G.A. for the State and impugned F.I.R. as well as material brought on record.

¶5

This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 13.07.2018 registered as case crime no. 873 of 2018, under Sections 117, 119, 166, 167, 193, 201, 204, 218, 219, 420, 465, 468, 471, 34, 120B IPC, P.S. Baghpat, District Baghpat.

¶6

It has been submitted by the learned counsel for the petitioners that the impugned FIR has been lodged by the respondent no. 4 containing absolutely false, concocted, vague and sweeping allegations against them. Respondent no. 4 is very influential and powerful person and he wants to create pressure upon petitioner no. 1 to get free essential commodities without paying any money. The other petitioners are villagers who have filed their affidavit, stating therein that they are getting the essential commodities properly and there is no complaint regarding running of fair price shop by petitioner no. 1 as such with obligue motive to pressurize petitioners, respondent no. 4 has lodged the present F.I.R. which is liable to be quashed by this Court.

¶7

Per contra learned AGA for the State and learned counsel for respondent no. 3 have submitted that petitioner no. 1 and petitioner no. 2 are the same person and he has obtained fair price shop licence by the name of Vaisu which was cancelled and subsequently he obtained a licence in the name of Billu. It has further been submitted that petitioner no. 1 is playing fraud by this Court, hence the impugned FIR is not liable to be quashed.

¶8

In view of the aforesaid submission of counsel for the

¶9

respondents, it appears that petitioner no. 1 Veer Sain @ Vaisu @ Yash Pal son of Shri Vishnbu and petitioner no. 2 Billu @ Veer Sain son of Shri Vaishu are the same person accordingly, learned counsel for the petitioner is directed to delete the name of petitioner no. 2 from the array of petitioners during the course of the day.

¶10

After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:

¶11

(i) Investigation of the aforesaid case shall go on but the petitioner nos. 2 to 16 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.

¶12

(ii) As far as the petitioner no. 1 is concerned, the petition stand dismissed.

¶13

With this direction, this petition is finally disposed of.

¶14

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

¶15

Order Date :- 24.7.2018 sailesh

Veer Sain @ Vaisu @ Yash Pal and 16 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Veer Sain @ Vaisu @ Yash Pal and 16 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohd Umar Vs State of U.P. and 3 Others

Firasat Vs State of U.P. and 2 Others

munni lal Vs State of U.P. and 6 Others

Satyendra Singh Gangwar Vs State of U.P. and 2 Others

Bhura Yadav and 2 Others Vs State of U.P. and 2 Others

Ram Bachan and 3 Others Vs State of U.P. and 3 Others