Disposed

Yogendra Tiwari @ Shipu and 3 Others v. State of U.P. and 2 Others

Allahabad HC1 May 2019CRLP/4081/2019

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking quashing of an FIR arising from a cheque dishonour dispute. The court ordered the investigation to continue pending conclusion and decided to stay the arrest of the petitioners until the submission of the police report, subject to their cooperation for interrogation.

What did the court decide?

Petition disposed; investigation to continue; arrest of petitioners stayed pending submission of police report under Section 173(2) Cr.P.C., subject to cooperation in interrogation.

Yogendra Tiwari @ Shipu and 3 Others Vs State of U.P. and… — Cheque Dishonour | Allahabad HC (2019)

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Court No. - 33

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4081 of 2019

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Petitioner :- Yogendra Tiwari @ Shipu And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Tarun Kumar Tripathi 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; learned A.G.A. for respondents 1 and 2; and perused the record.

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The instant petition seeks quashing of the First Information Report dated 27.12.2018 registered as Case Crime No.0305 of 2018, under Sections 452, 323, 504 and 506 I.P.C., at Police Station Kabrai, District Mahoba.

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After considering the submissions of the learned counsel for the petitioner, on 14.2.2019 we had passed following order:

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"The contention of learned counsel for the petitioners is that informant's wife, against supply of goods by the petitioner no.1, had issued a cheque of Rs. 9.35 lacs which got dishonoured and, therefore, to exert pressure upon the petitioners, a false first information report with oblique intention has been registered against the petitioners. It has been submitted that there is no injury report to support the prosecution case.

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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 17.04.2019.

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List on 17.04.2019.

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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 police report under Section 173 (2) Cr.P.C., whichever is earlier, the arrest of the petitioners in Case Crime No.0305 of 2018, under Sections 452, 323, 504, 506 IPC, Police Station Kabrai, District Mahoba, shall remain stayed, subject to petitioners' cooperation 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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The office has submitted a report that the petitioner has not

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taken steps to serve respondent no. 3.

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However, a short counter affidavit has been filed by the respondent nos. 1 and 2 indicating that the matter is under investigation. It has not been disclosed that statement of witnesses have yet been recorded.

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Considering facts and circumstances as also the nature of the allegations, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and be brought to its logical conclusion but, subject to the petitioners' co-operation in the investigation, they shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. It is made clear that the petitioners would have to make themselves available for interrogation as and when required by the Investigating Officer.

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Order Date :- 1.5.2019 Md Faisal

Yogendra Tiwari @ Shipu and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Yogendra Tiwari @ Shipu and 3 Others v. State of U.P. and 2 Others

Case brief

What is this about?

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What the court decided

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