Sandip Pratap Singh Vs State of U.P. and 2 Others

Court No. - 29

Case :- CRIMINAL MISC. WRIT PETITION No. - 3114 of 2020

Petitioner :- Sandip Pratap Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Sengar Counsel for Respondent :- G.A.

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Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.

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Heard learned counsel for the petitioner, learned A.G.A. for the respondent nos. 1 & 2 and Sri S. Sengar, learned counsel appearing for respondent no.3.

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The petitioner has preferred this petition for the quashing of the First Information Report dated 18.4.2018 registered as Case Crime No. 77 of 2018, under Sections 420, 465, 468, 471 IPC, Police Station Rampura, District Jalaun.

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The submission of learned counsel for the petitioner is that the amount involved which is bone of contention for lodging the aforesaid FIR, has already been returned to the respondent no.3 and as such nothing survives to be investigated.

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Learned counsel appearing for the respondent no.3 accepts that the money has been paid and as such he is not interested in pursuing the matter.

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In view of the aforesaid facts and circumstances, as the allegations constitute a cognizable offence, it would not proper to quash the FIR in exercise of discretionary jurisdiction.

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In view of the aforesaid facts and circumstances of the case, we dispose of the writ petition with the direction to the respondents that the petitioner shall not be arrested in pursuance to the aforesaid FIR till the submission of the report under Section 173(2) Cr.P.C. provided the petitioner participates and cooperates in the investigation, which shall be completed most expeditiously, in accordance with law.

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Order Date :- 20.2.2020

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Sandip Pratap Singh v. State of U.P. and 2 Others

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Sandip Pratap Singh v. State of U.P. and 2 Others

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