Disposed

Chhotey Lal and 5 Others v. State of U.P. and 3 Others

Allahabad HC9 Apr 2019CRLP/8881/2019

Case brief

AI extract

What is this about?

Held that quashing of FIR was not acceptable as factual disputes require investigation. Court ordered investigation to continue but prohibited arrest of petitioners until submission of police report under CrPC Sec 173(2) subject to their cooperation.

What did the court decide?

Investigation ordered to continue; arrest of petitioners stayed till submission of police report under S. 173(2) CrPC subject to their co-operation.

Chhotey Lal and 5 Others Vs State of U.P. and 3… — Criminal Trial and Appeal | Allahabad HC (2019)

¶1

Court No. - 33

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 8881 of 2019

¶3

Petitioner :- Chhotey Lal And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jai Prakash Prasad Counsel for Respondent :- G.A.

¶4

Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.

¶5

Heard learned counsel for the petitioners; learned AGA for respondents 1, 2 and 3; and perused the record.

¶6

The instant petition has been filed for quashing of first information report dated 1st March, 2019, which has been lodged through an application under Section 156(3) CrPC, dated 17th December, 2018, registered as Case Crime No.42 of 2019, under Sections 147, 323, 452, 354-Kha, 504 and 506 I.P.C. police station Madrak, district Aligarh.

¶7

The contention of learned counsel for the petitioners is that although a bare reading of the first information report would disclose commission of cognizable offences but the allegations are absolutely false which have been levelled because of previous litigation between the parties and, otherwise also, the injury report which has been filed to support the prosecution case does not support the prosecution case, inasmuch as, the injury report is dated 6th December, 2018 and discloses that the injuries are one day old whereas the date of the incident reported is dated 3rd December, 2018.

¶8

Be that as it may, all the above aspects are questions of fact and would have to be examined on the basis of material collected during the course of investigation and therefore the prayer of the petitioners to quash the first information report cannot be accepted.

¶9

However, looking to the facts and circumstances of the case, we deem it appropriate to dispose of the 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) CrPC.

¶10

Order Date :- 9.4.2019.

¶11

Rks.

Chhotey Lal and 5 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Chhotey Lal and 5 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Prashant Sharma Vs State of U.P. and 3 Others

Rajeev Kumar Singh Vs State of U.P. and 3 Others

Anshu @ Anshu Kushwaha and Another Vs State of U.P. and 3 Others

Javed Vs State of U.P. and 3 Others

Pawan Dubey and Another Vs State of U.P. and 2 Others

Anant Kanodia @ Sonu and 3 Others Vs State of U.P. and 2 Others