Disposed

Ram Prakash Sharma v. State of U.P. and 2 Others

Allahabad HC19 Dec 2018CRLP/37262/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition, this Court refused to quash the FIR as prima facie offences were made out. However, it directed that the petitioner shall not be arrested until the police submits the final report under Section 173(2) Cr.P.C., subject to cooperation in investigation.

What did the court decide?

Refused quashing of FIR; directed no arrests of petitioner till police report under Section 173(2) Cr.P.C. is submitted.

Ram Prakash Sharma 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. - 37262 of 2018

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Petitioner :- Ram Prakash Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vipin Chandra 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 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 22.10.2014, in case crime No. 799 of 2014, under section 467, 468, 471, 420, 380, 448, 120-B I.P.C., Police Station Etmaddoula, District Agra.

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Learned counsel for the petitioner submitted that the petitioner is the witness of the sale-deed and he has nothing to do with the alleged crime, yet he has falsely been prosecuted by the respondent no.3 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 :- 19.12.2018

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Bhanu

Ram Prakash Sharma v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ram Prakash Sharma 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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