Disposed

Saghir Ahmad Khan v. State of U.P. and 3 Others

Allahabad HC3 Mar 2020CRLP/2970/2020

Case brief

AI extract

What is this about?

The court declined to quash an FIR alleging fraud and forgery against an Assistant Commissioner. It directed that investigation proceed without arresting the petitioner until the police submit their report under Section 173(2) Cr.P.C, conditioned on cooperation.

What did the court decide?

Investigation to proceed; petitioner not to be arrested until submission of police report under Section 173(2) Cr.P.C subject to cooperation.

Saghir Ahmad Khan Vs State of U.P. and 3 Others — Cheque Dishonour | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 2970 of 2020

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Petitioner :- Saghir Ahmad Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Saba Khan,Syed Faiz Hasnain Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Saurabh Shyam Shamshery,J.

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Supplementary affidavit filed today is taken on record.

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Heard learned counsel for the petitioner and the learned A.G.A.

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This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 6.1.2020 registered as Case Crime No.0007 of 2020 under sections 420,467,468,471 I.P.C, P.S. Ganj District Rampur.

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Learned counsel for the petitioner submits that the petitioner an Assistant Commissioner in Commercial Tax Department, while acting in his official capacity declared the firm of the informant as bogus after a detailed enquiry, thereafter issued several notices to the informant for the recovery of tax to the tune of Rs.46,15,767/- which infuriated the informant who lodged the impugned FIR. The allegations levelled against the petitioner are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioner, hence, the same be quashed.

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Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.

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After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.

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However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to co-operation during investigation.

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With the aforesaid direction, this petition is finally disposed of.

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Order Date :- 3.3.2020 RS

Saghir Ahmad Khan v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Saghir Ahmad Khan 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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Issues for consideration

Statutes considered

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