Disposed

Subhas Singh and 3 Others v. State of U.P. and 3 Others

Allahabad HC19 Dec 2018CRLP/37259/2018

Case brief

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What is this about?

Criminal Writ Petition seeking quashing of FIR registered under IPC Sections 457, 380 on grounds of false allegations. Court refused quash but directed non-arrest pending police report under CrPC Section 173(2) subject to cooperation.

What did the court decide?

Prayer to quash FIR refused; direction issued restraining arrest till submission of police report under Section 173(2) Cr.P.C.

Subhas Singh and 3 Others Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2018)

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Court No. - 46

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Case :- CRIMINAL MISC. WRIT PETITION No. - 37259 of 2018

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Petitioner :- Subhas Singh And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Pandey 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 petitioners and the learned A.G.A. for the State.

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By means of the present writ petition, the petitioners have invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 11.12.2018 registered as Case Crime No.811 of 2018, under Sections 457,380 IPC, P.S. Tanda, District Rampur.

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Learned counsel for the petitioners submitted that the impugned first information report has been lodged by the respondent no.4 containing absolutely false and concocted allegations against the petitioners with the ulterior intention of harassing them. 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 petitioners 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 petitioners, 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 petitioners, it is directed that the petitioners 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 petitioners 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 :- 19.12.2018 M. Tariq

Subhas Singh and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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Subhas Singh and 3 Others v. State of U.P. and 3 Others

Case brief

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What the court decided

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