Dismissed

Sompal v. State of U.P. and 2 Others

Allahabad HC4 Dec 2018CRLP/35026/2018

Case brief

AI extract

What is this about?

The High Court refused to quash an FIR under Sections 420, 467, 468, 471 IPC. However, the Court directed that the petitioner shall not be arrested until the police report under Section 173 Cr.P.C. is submitted, subjecting the petitioner to cooperation with the investigation.

What did the court decide?

Petitioner directed not to be arrested till submission of police report under Section 173 Cr.P.C., subject to cooperation with investigation.

Sompal Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2018)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 35026 of 2018

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Petitioner :- Sompal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyendra Narayan Singh,Praveen Kumar Srivastava

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Counsel for Respondent :- G.A.

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Hon'ble Naheed Ara Moonis,J. Hon'ble Pradeep Kumar Srivastava,J.

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

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By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 30.10.2018 registered as Case Crime No.705 of 2018, under Sections 420,467,468,471 IPC, P.S. Civil Lines, District Budaun.

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Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no.3 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.

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From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.

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However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioner shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.

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

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Order Date :- 4.12.2018 M. Tariq

Sompal v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sompal 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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