Disposed

Manish Kumar Srivastava v. State of U.P. through Secretary Home and 2 Others

Allahabad HC22 Feb 2018CRLP/4385/2018

Case brief

AI extract

What is this about?

This court exercised power to grant interim direction preventing the petitioner's arrest. The court directed that the petitioner shall not be arrested until the police submit a report under section 173(2) Cr.P.C. and require cooperation in the investigation before finally disposing of the petition.

What did the court decide?

The petitioner shall not be arrested till the submission of the police report under Section 173(2) Cr.P.C. but must cooperate with the investigation.

Manish Kumar Srivastava Vs State of U.P. through… — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4385 of 2018

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Petitioner :- Manish Kumar Srivastava Respondent :- State Of U.P. Through Secretary Home And 2 Others Counsel for Petitioner :- Vinay Saran,Sanjay Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.

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Heard Sri Vinay Saran, learned counsel for the petitioner, Sri Jitendra Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This petition has been filed with the prayer to quash the F.I.R. dated 7.2.2018, registered as Case Crime No.15 of 2018, u/s 306 IPC, P.S. Obra, district Sonbhadra.

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Learned counsel for the petitioner submits that the petitioner was posted as Principal at Uccha Prathmik Vidyalaya Khewnaha, Chopan, district Sonbhadra and since, July, 2011, he was working as coordinator. The deceased tried to molest one Shweta who moved an application to Basic Shiksha Parishad regarding the same on account of which the deceased committed suicide on 7.2.2018. In the suicide note, it has been alleged that the petitioner had only advised to Shweta to lodged online FIR against the deceased on which the deceased committed suicide. There appears to be no abatement by the petitioner, hence present FIR lodged against the petitioner be quashed.

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Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but 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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(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)

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Order Date :- 22.2.2018 Gaurav

Manish Kumar Srivastava v. State of U.P. through Secretary Home and 2 Others

Case brief

What is this about?

What did the court decide?

Manish Kumar Srivastava v. State of U.P. through Secretary Home and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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