Petitioner sought quashing of an FIR for cheating and criminal conspiracy. Court declined to quash but directed no arrest and expeditious investigation pending report submission.
Direction that petitioner shall not be arrested and must cooperate in investigation till submission of Section 173(2) report.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 2317 of 2020
Petitioner :- Manoj Kumar Jadaun Alias Manoj Kumar Jadang Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dr. C.P. Upadhyay,Kshitij Chauhan Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Dr. C.P. Upadhyay, learned counsel for the petitioner and learned A.G.A. for the respondents.
The petitioner has preferred this petition for the quashing of the First Information Report dated 03.07.2019 registered as Case Crime No.91 of 2019, under Sections 420, 406, 120-B I.P.C., Police Station- Baburi, District Chandauli.
The submission of learned counsel for the petitioner is that petitioner is a transporter supplying bitumen as per the agreement dated 10.12.2018 and as such no offence as per the allegations in the F.I.R. is made out against him.
The F.I.R. reveals commission of a cognizable offence and as such we do not deem it necessary to interfere with it at this stage.
However, in the facts and circumstances of the case, we dispose of the petition with the direction that the petitioner shall not be arrested pursuant to the impugned F.I.R., till the submission of the report under Section 173(2) Cr.P.C. provided the petitioner cooperates and participates with the investigation which shall be completed most expeditiously.
Order Date :- 10.2.2020 Radhika
1 issue framed by the court
Whether the First Information Report under Sections 420, 406, and 120-B IPC should be quashed.
2 provisions across 2 enactments
Manoj Kumar Jadaun Alias Manoj Kumar Jadang
State Of U.P.
2 Others
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
