Partly allowed

Abhinav Singh and Another v. State of U.P. and 2 Others

Allahabad HC11 Feb 2019CRLP/2998/2019

Case brief

AI extract

What is this about?

The High Court refused to quash the first information report alleging fraud concerning village land. However, following facts and a prior order regarding a co-accused, the Court disposed of the petition by permitting the investigation to continue while staying arrest of petitioners until the police submit their report, subject to their cooperation.

What did the court decide?

Investigation ordered to continue with stay of arrest of petitioners until police submit report under Section 173(2) Cr.P.C., subject to petitioners' cooperation.

Abhinav Singh and Another 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. - 2998 of 2019

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Petitioner :- Abhinav Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- G.A.

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Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.

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Heard learned counsel for the petitioners; learned AGA for the respondent nos. 1 and 2 and perused the record.

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The instant petition seeks quashing of the first information report dated 16.11.2018 registered as Case Crime No.0925 of 2018 under Sections, 419, 420, 467, 468, 471, 120-B IPC and 2/3 of Prevention of Public Property Damages Act, Police Station Kotwali, District Fatehpur.

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The contention of learned counsel for the petitioners is that possession of the land in dispute had been with the petitioners and their predecessor in interest since several decades and, therefore, the allegation that the accused have fraudulently occupied gaon sabha land/village pond, and have fraudulently transferred the property, is not correct.

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It has also been pointed out to us that the co-accused Shanti Devi filed a Criminal Misc. Writ Petition No. 34983 of 2018, which was disposed off by order dated 04.12.2018 directing that the investigation shall continue, but the petitioners shall not be arrested till submission of police report under Section 173 (2) Cr.P.C.

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We have perused the order dated 04.12.2018 passed in Criminal Misc. Writ Petition No. 34983 of 2018. It reveals that prayer of the petitioner to quash the first information report was refused, upon consideration that a prima facie case disclosing commission of cognizable offence was made out. However, arrest was stayed till submission of report under Section 173(2) Cr.P.C.

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Under the circumstances, we do not find any good reason to accept the prayer of the petitioners to quash the first information report. However, looking to the facts of the case as also keeping in mind the order dated 04.12.2018 passed in the writ petition of co-accused Shanti Devi, we deem it appropriate to dispose off the petition by providing that the investigation of the above Case Crime No. 0925 of 2018 shall continue and be

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brought to its logical conclusion, but, subject to the petitioners' co-operation in the investigation, the petitioners shall not be arrested in the aforesaid case, till the submission of police report under Section 173 (2) Cr.P.C.

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It is made clear that we have not expressed any opinion on the rights of the parties.

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Order Date :- 11.2.2019 Lbm/-

Abhinav Singh and Another v. State of U.P. and 2 Others

Case brief

What is this about?

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Abhinav Singh and Another 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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