Partly allowed

Arun Kumar Kukreja and 4 Others v. State of U.P. and 3 Others

Allahabad HC6 Aug 2018CRLP/21117/2018

Case brief

AI extract

What is this about?

This court dismissed the writ petition filed by petitioner no. 3 on account of duplicity and imposed exemplary cost. For other petitioners, arrest was stayed until the submission of the police report under Section 173(2) Cr.P.C., with a direction to cooperate in the investigation.

What did the court decide?

Petition of petitioner no. 3 dismissed with Rs. 5,000 exemplary cost. Arrest of other petitioners stayed till submission of police report under S. 173(2) CrPC.

Arun Kumar Kukreja and 4 Others Vs State of U.P. and 3… — Quashing and FIR | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 21117 of 2018

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Petitioner :- Arun Kumar Kukreja And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Shankar Tripathi Counsel for Respondent :- G.A.

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

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Heard Sri R.S. Tripathi, learned counsel for the petitioners and Sri N.K. Verma, learned AGA for the State. This writ petition has been filed with a prayer to quash the F.I.R. dated 6.5.2018 registered as case crime no. 321 of 2018 under sections 420, 467, 468, 471, 120-B I.P.C., police station Civil Line, district Budaun.

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Learned counsel for the petitioner at the very outset has stated that though petitioner no. 3, namely, Omendra Pratap Singh has earlier approached this Court and filed Crl. Misc. Writ Petition No. 19357 of 2018 in which his arrest was stayed by this Court vide order dated 20.7.2018 but in the present petition his name has also been shown as petitioner no. 3 along with other petitioners, hence he may be permitted to delete his name from the array of parties.

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Learned AGA has opposed the said prayer and stated that the filing of earlier petition by the petitioner no. 3 cannot be ignored and petitioner no. 3 was fully conscious about the same, hence some exemplary cost should be imposed on the petitioner no. 3 as he has also signed the vakalatnama in the present petition along with other petitioners.

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The contention of learned A.G.A. appears to have force.

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Considering the facts and circumstances of the case, we are of the opinion that it cannot be said that the petitioner no. 3 has no knowledge about filing of the earlier petition, hence the present writ petition on his behalf is dismissed with an exemplary cost of Rs. 5,000/- on petitioner no. 3 which shall be deposited by the petitioner no. 3 of the present case, namely, Omendra Pratap Singh son of Brijmohan Singh resident of Myaun, police station Alapur, district Budaun within one month from today in the court of C.J.M. concerned which shall be given to the Legal Service Cell of the District, failing which the same shall be recovered as arrears of land revenue.

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Office is directed to keep a copy of this order along with the record of Crl. Misc. Writ Petition No. 19357 of 2018.

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The Registrar General of this Court is directed to send a copy of this order to the C.J.M. concerned for its compliance.

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So far as other petitioners are concerned, considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be

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arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.

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With the above direction this petition is finally disposed of.

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(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 6.8.2018 Shiraz

Arun Kumar Kukreja and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Arun Kumar Kukreja and 4 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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