Partly allowed

Ashok Goyal and 2 Others v. State of U.P. and 2 Others

Allahabad HC10 Apr 2019CRLP/2995/2019

Case brief

AI extract

What is this about?

This court dismissed the petition seeking quashing of the FIR and forbade arrest of the petitioners pending the submission of the police report, while ordering the investigation to continue.

What did the court decide?

Petition for quashing of FIR not allowed in a substantive sense, but investigation to continue subject to no-arrest order pending police report.

Ashok Goyal and 2 Others Vs State of U.P. and 2 Others — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2995 of 2019

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Petitioner :- Ashok Goyal And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vatsala 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 petitioners; the learned A.G.A. for the respondents 1 and 2; Sri S.P.S. Chauhan for the respondent no.3 and perused the record.

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The instant petition seeks quashing of the first information report dated 23.10.2018 registered as Case Crime No. 0385 of 2018 at P.S. Chhattari, District Bulandshahar, under Sections 406, 420, 504, 506 I.P.C.

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The allegations in the impugned first information report are to the effect that paddy was supplied to the firm of the petitioners but the payment in lieu thereof was not made and when demand was raised, the informant was insulted and threatened.

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The petitioners have claimed that there is a simple money dispute which has been given colour of a criminal case and otherwise also the supply was allegedly made in the year 2014 and therefore the money claim, if at all, has become barred by limitation.

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After considering the submissions of the learned counsel for the petitioners, on 05.02.2019, we had passed the following order:-

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"The contention of the learned counsel for the petitioners is that a simple money dispute has been given colour of a criminal case and the money claim has already become barred by limitation.

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The matter requires consideration.

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Learned A.G.A. has accepted notice on behalf the respondents 1 and 2.

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Let notice be issued to the respondent no.3, fixing 10th April, 2019.

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List on 10th April, 2019. By the next date, the respondents shall file their respective counter affidavits.

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Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier, the petitioners shall not be arrested in Case Crime No. 0385 of 2018, under Sections 406, 420, 504, 506 I.P.C., P.S. Chhattari, District Bulandshahar, subject to petitioners' co-operation in the investigation.

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It is made clear that investigation of the case has not been stayed. "

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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. Neither the respondent no.3 nor the State-respondent have filed their respective counter-affidavits.

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Keeping in mind the nature of the allegations as also business relationship between the parties and the order that we propose to 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 petitioners' co-operation in the investigation, the petitioners 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

Ashok Goyal and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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Ashok Goyal and 2 Others v. State of U.P. and 2 Others

Case brief

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What the court decided

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