Disposed

Paras Nath v. State of U.P. and 4 Others

Allahabad HC14 Dec 2020CRLP/3762/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking investigation into a cheating case. It directed the police to submit the report under Section 173(2) Cr.P.C. within six weeks if not already done.

What did the court decide?

Directing the investigating officer to submit the police report expeditiously, not later than six weeks from the date of receipt of a true attested copy of the order.

Paras Nath Vs State of U.P. and 4 Others — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 35

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3762 of 2020

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Petitioner :- Paras Nath Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Kumar Singh,R.K. Singh. Rajput

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Counsel for Respondent :- G.A.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Ravi Nath Tilhari,J.

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

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The instant petition has been filed for issuing a writ of mandamus directing the respondent authorities to investigate first information report dated 12.05.2016 registered as Case Crime No. 0382 of 2016 under Sections 419, 420, 467, 468, 471 I.P.C., Police Station-Kotwali, District-Deoria against the respondent nos. 3 to 7 in effective and time bound manner.

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The petitioner is the first informant of the said case. His grievance was that investigation is not being done in a proper manner and investigating officer is colluding with the accused persons.

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It has come on record that the accused had filed writ No. 21527 of 2016 which was disposed of by a Coordinate Bench of this Court by order dated 05.10.2016 holding that although FIR cannot be quashed but the accused would not be arrested till the submission of police report under Section 173(2) Cr.P.C.

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Learned A.G.A. has filed the progress report relating to investigation according to which, the investigating officer has now been changed and a new investigating officer namely Jitendra Kumar Tiwari has been handed over the investigation. He has stated in his affidavit that he is in process of collecting more evidence and will conclude investigation within one month. The affidavit was sworn in the month of March, 2020. The present status of the investigation is not known.

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Having regard to the facts of the case and the submissions made, we dispose of the instant writ petition by providing that in case, police report has not been submitted so far, the investigating officer shall ensure that it is submitted expeditiously not later than six weeks from the date of receipt

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of a true attested copy of the instant order.

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Order Date :- 14.12.2020

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(Ravi Nath Tilhari, J.) (Manoj Kumar Gupta,J.)

Paras Nath v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Paras Nath v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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