Disposed

Mohan Singh v. State of U.P. and 2 Others

Allahabad HC10 Apr 2019CRLP/2859/2019

Case brief

AI extract

What is this about?

Court disposed of a criminal miscellaneous writ petition seeking quashing of an FIR and quashing of arrest. It held that while investigation will continue, arrest of the petitioner shall not take place till police report is filed, subject to his cooperation.

What did the court decide?

Investigation to continue; arrest of petitioner stayed till submission of police report under Section 173(2) Cr.P.C. subject to cooperation.

Mohan Singh Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2859 of 2019

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Petitioner :- Mohan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the first information report dated 24.07.2018 registered as Case Crime No. 0658 of 2018 at P.S. Jewar, District Gautam Buddh Nagar, under Sections 420, 406 I.P.C.

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The allegation in the impugned first information report is as regards noncompliance of contractual obligations despite receipt of money.

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The case of the petitioner is that although the petitioner has been named in the first information report but he is only a marginal witness of the agreement and no payment of money has been made to him.

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After considering the submissions of the learned counsel for the petitioner, on 01.02.2019, we had passed the following order:-

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"Heard learned counsel for the petitioner, learned AGA for the State-respondents and perused the record. Contention of learned counsel for the petitioner is that the petitioner is a marginal witness and there is no payment of money to the petitioner and, therefore, no offence punishable under Sections 420, 406 PC is made out against the petitioner.

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The matter requires consideration.

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Learned AGA has accepted notice on behalf of the respondent nos. 1 and 2.

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Let notice be issued to the respondent no. 3 fixing 10.4.2019.

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List this case on 10.4.2019.

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By the next date, the respondents shall file their respective counter affidavits.

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Till the next date of listing or till the submission of the police report under Section 173(2) Cr.P.C., whichever is earlier, the arrest of the petitioner in Case Crime No. 0658 of 2018, under Sections 420, 406 IPC, P.S. Jewar, District Gautam Buddh Nagar, shall remain stayed, subject to cooperation of the petitioner in the investigation.

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It is made clear that this Court has not stayed the investigation of the aforesaid case. "

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Pursuant to the above order, the office has submitted a report that notices were issued to the respondent no.3, fixing 10.04.2019 but, neither acknowledgement nor undelivered cover has been received back after service. Even the learned A.G.A. has not filed counter-affidavit on behalf of State-respondents.

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Looking to the nature of the allegations and the order that we propose to

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pass, we do not consider it necessary to await response from the respondents. Accordingly, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's co-operation in the investigation, the petitioner shall not be arrested in the aforesaid case, till submission of police report under Section 173 (2) Cr.P.C.

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Order Date :- 10.4.2019 Sunil Kr Tiwari

Mohan Singh v. State of U.P. and 2 Others

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Mohan Singh v. State of U.P. and 2 Others

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