Dismissed

Rakesh Kumar and 4 Others v. State of U P and 2 Others

Allahabad HC17 Dec 2020CRLP/12429/2020

Case brief

AI extract

What is this about?

A writ petition seeking anticipatory bail and quashing of an FIR under Sections 467, 468, 471, 419, 420, 120B, 447, and 448 of the IPC. The court found no grounds to quash the FIR as investigation was pending and noted alternate remedies were available under the relevant government notification.

What did the court decide?

Writ petition dismissed; prayer for quashing of FIR and order not to arrest dismissed.

Rakesh Kumar and 4 Others Vs State of U P and 2 Others — Cheque Dishonour | Allahabad HC (2020)

¶1

Court No. - 43

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 12429 of 2020

¶3

Petitioner :- Rakesh Kumar And 4 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ram Awadh Mishra,Siddhartha Mishra Counsel for Respondent :- G.A.,Himanshu Raghav Pandey,Ram Kishore Pandey

¶4

Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

¶5

List revised. No one responds on behalf of the petitioners. Sri Himanshu Raghav Pandey, learned counsel for the respondent no.3 and learned AGA for the State are present.

¶6

There is already a notice that the matter listed in the additional cause list shall not be adjourned and the same shall be taken up at the first call itself.

¶7

This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 10.09.2020 registered as Case Crime No. 232 of 2020, under Sections 467, 468, 471, 419, 420, 120B, 447 & 448 of IPC, Police Station Baberu, District Banda.

¶8

We have perused the FIR and do not find any good ground to quash the FIR.

¶9

The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V-1-191 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioners to seek for an anticipatory bail/bail as they may be advised.

¶10

The writ petition is dismissed .

¶11

The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).

¶12

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the

¶13

official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶14

Order Date :- 17.12.2020 Ujjawal

Rakesh Kumar and 4 Others v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Rakesh Kumar and 4 Others v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ramesh Kumar Agrahari and Another Vs State of U.P. and 2 Others

Krishna Sahariya Vs State of U.P. and 3 Others

Jeeshan Khan Vs State of U.P. and 3 Others

Ashish Bajpai and 4 Others Vs State of U.P. and 3 Others

Farhan Vaheed and 5 Others Vs State of U.P. and 2 Others

Anam and Another Vs State of U.P. and 3 Others