Allowed

Vijay Pratap Singh @ Dablu Singh and 2 Others v. State of U.P. and 3 Others

Allahabad HC11 Feb 2019CRLP/3619/2019

Case brief

AI extract

What is this about?

The court rejected the petition to quash the F.I.R. alleging forgery and false implication regarding a violent clash. Instead, it ordered continued investigation without arresting petitioners until the police report is submitted, pending their cooperation.

What did the court decide?

Quashing of F.I.R. rejected; investigation to continue; no arrest of petitioners until police report is submitted.

Vijay Pratap Singh @ Dablu Singh and 2 Others Vs… — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3619 of 2019

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Petitioner :- Vijay Pratap Singh @ Dablu Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushma Yadav,Hirdesh Kumar Yadav 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 A.G.A. for the respondents 1, 2 and 3; and perused the record.

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The instant petition seeks quashing of the first information report dated 21.01.2019 registered as Case Crime No.13 of 2019, under Sections 147, 148, 149, 186, 307, 353, 427 IPC and Section 7 of Criminal Law Amendment Act, P.S. Pipari, District Sonbhadra.

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The allegation in the first information report is that on 20.10.2019, at about 10.35 P.M. in the night, information was received that near Gautam Lodge, Main Road, Renukoot Bus Stand, two groups, one of erstwhile Chairman, Anil Singh and other of current Chairman, Shiv Pratap Singh, are fighting each other and, therefore, the police party moved to the spot to control the situation. It is alleged that when the police party intervened, both groups got infuriated and their supporters started firing. It is stated that headlight of the police vehicle was damaged and N.H.39 was blocked.

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The contention of the learned counsel for the petitioners is that the incident had occurred in front of house of co-accsed Shiv Pratap Singh, brother of the petitioner no.1 and the aggressor party was of the erstwhile Chairman Anil Singh. It is stated that in the incident few persons from the side of the petitioners were injured and in that connection, a first information report was lodged by Ashish Singh (petitioner no.2) at P.S. Pipari, District Sonbhadra, which was registered as Case Crime No.0011 of 2019. It is stated that in the impugned first information report, there is no specific allegation that any fire was shot by the petitioners. It has been submitted that since the petitioners' side was not the aggressor and a first information report was also lodged from the petitioners' side, the implication of the petitioners, who are responsible persons, is not justified. It has been submitted that on account of political dispute, the petitioners have been falsely implicated.

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Be that as it may, as the impugned first information report

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discloses commission of a cognizable offence, it becomes a matter of investigation to find out as to who is responsible and to what extent and for what offences.

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Under the circumstances, the prayer of the petitioners to quash the first information report cannot be accepted. However, looking to the nature of the allegations and the facts and circumstances of the case, 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' cooperation 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 :- 11.2.2019 AKShukla/

Vijay Pratap Singh @ Dablu Singh and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vijay Pratap Singh @ Dablu Singh and 2 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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