Disposed

Aadesh Kumar and 7 Others v. State of U.P. and 3 Others

Allahabad HC17 Nov 2018CRLP/33032/2018

Case brief

AI extract

What is this about?

This judgment disposed of a writ petition to quash an FIR regarding an alleged dishonored agreement to sell property. While dismissing the quashing prayer, the court directed that investigation continue but stay arrest of petitioners pending the police report under Section 173(2) Cr.P.C., subject to their cooperation.

What did the court decide?

Investigation to proceed; arrest stayed pending submission of police report under Section 173(2) Cr.P.C. subject to full cooperation.

Aadesh Kumar and 7 Others Vs State of… — Contract and Commercial Disputes | Allahabad HC (2018)

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Court No. - 4

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Case :- CRIMINAL MISC. WRIT PETITION No. - 33032 of 2018 Petitioner :- Aadesh Kumar And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ehtesham Akhtar Counsel for Respondent :- G.A.,Syed Shahnawaz Shah Hon'ble Bala Krishna Narayana,J. Hon'ble Rajiv Joshi,J.

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Heard learned counsel for the petitioners and learned A. G. A. for the State.

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This petition has been filed by the petitioners with the prayer to quash the impugned F.I.R., which has been registered as Case Crime No. 516 of 2018, under sections-420, 504 and 506 IPC at P. S.-Civil Lines, districtMeerut.

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It has been submitted by learned counsel for the petitioners that from the perusal of the allegations made in the impugned F. I. R., it transpires that the grievance of the respondent no. 4 is that the petitioners despite having entered into an agreement to sale in respect of their immovable property with the respondent no. 4, have failed to execute the same. It has further been submitted by learned counsel for the petitioners that the respondent no. 4 is trying to settle down a civil dispute by taking recourse of the criminal proceedings, which is bad in law. Hence, the impugned F. I. R., which is a bundle of lies and motivated by malice, is liable to be quashed. Per contra, learned A. G. A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F. I. R. is not liable to be quashed.

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After having heard the submissions advanced by learned counsel for the parties present and perused the impugned F. I. R. as well as the other material brought on record, we dispose of this writ petition with the direction that the investigation of the aforesaid case shall go on but the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr. P. C. subject to their extending full cooperation in the investigation.

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Order Date :- 17.11.2018 HR

Aadesh Kumar and 7 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Aadesh Kumar and 7 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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