Disposed

Yogesh Kumar v. State of U.P. and 3 Others

Allahabad HC8 May 2019CRLP/3793/2019

Case brief

AI extract

What is this about?

Held that as the FIR arose from a college management dispute, the investigation should continue. The petitioner shall not be arrested subject to co-operation till the police report under S. 173(2) Cr.P.C. is filed. Investigation is not stayed.

What did the court decide?

Petitioner shall not be arrested subject to co-operation in investigation till submission of police report under S. 173(2) Cr.P.C.

Yogesh Kumar Vs State of U.P. and 3 Others — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3793 of 2019

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Petitioner :- Yogesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Hans 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; learned A.G.A. for the State-respondent nos. 1, 2, 3 & 4 and perused the record.

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The instant petition seeks quashing of the FIR dated 17.05.2018 registered as Case Crime No. 205 of 2018, under Sections 465 & 468 I.P.C., Police Station Saiyan, District Agra.

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After considering the submissions of the learned counsel for the petitioner, on 13.02.2019, following order was passed:-

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"The contention of learned counsel for the petitioner is that there is pending dispute between Management of College and the petitioner, which is engaging attention of the Court in Writ-A No.6350 of 2018 and with mala fide intention, by levelling vague allegations, false FIR has been lodged.

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The matters requires consideration.

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Learned A.G.A. has accepted notice on behalf of respondent nos.1, 2 and 3.

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Let notice be issued to the fourth respondent fixing 10.04.2019. List this petition on 10.04.2019.

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

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Till the next date of listing or till the submission of police report under section 173 (2) Cr.P.C., whichever is earlier, the petitioner shall not be arrested in Case Crime No.205 of 2018, under Sections 465, 468 I.P.C., Police Station Saiyan, District Agra, subject to his co-operation 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, notice was issued to the respondent no. 4 fixing 8th May, 2019.

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The office has submitted its report that notice was issued to the respondent no. 4, but neither acknowledgement nor undelivered cover has been received back.

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No one has appeared on behalf of respondent no. 4 (the informant). Although, a short counter affidavit has been filed by the Investigating Officer disclosing that the investigation is pending.

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Considering the facts and circumstances of the case, keeping in mind that the F.I.R. has been lodged on account of dispute relating to the management of college, we deem it appropriate to dispose off this petition by observing that 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 till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.

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O rder Date :- 8.5.2019

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Vibha Singh

Yogesh Kumar v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Yogesh Kumar 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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