Disposed

Ajeet Mishra and 2 Others v. State of U.P. and 2 Others

Allahabad HC6 Mar 2020CRLP/4363/2020

Case brief

AI extract

What is this about?

The court rejected the petition to quash the FIR but ordered that investigation continue without arresting the petitioner until the police submit the report under Section 173 Cr.P.C., provided they co-operate.

What did the court decide?

Petition not quashed; investigation to continue; arrest barred until police report under Section 173 Cr.P.C. is submitted, provided petitioner cooperates.

Ajeet Mishra and 2 Others Vs State of U.P. and 2… — Writ and Judicial Review | Allahabad HC (2020)

¶1

Court No. - 47

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 4363 of 2020 Petitioner :- Ajeet Mishra And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Mishra Counsel for Respondent :- G.A.

¶3

Hon'ble Manoj Misra,J. Hon'ble Deepak Verma,J.

¶4

Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1 and 2; and perused the record.

¶5

The instant petition seeks quashing of the first information report dated 24.05.2019 registered as Case Crime No.328 of 2019, under Sections 406, 342, 506, 504, 323 I.P.C., P.S. NOIDA Sector-24, District Gautam Buddh Nagar.

¶6

The contention of the learned counsel for the petitioner is that even if the allegations are taken on their face value, an offence punishable under Section 406 I.P.C. would not be made out as the allegation is only with regard to non payment of dues under work orders.

¶7

It has been submitted that from the allegations it appears that the parties had been in a business relationship for a period of time and, therefore, if there had been default in payment of dues, it would only generate a civil cause of action. It has been contended that allegations in respect of extension of threat and causing injury are absolutely false and have no support of an injury report.

¶8

It has been submitted that the petitioner has been falsely implicated and a pure civil dispute between the parties has been given colour of a criminal case.

¶9

Be that as it may, as the allegations would require investigation, the prayer to quash the first information report cannot be accepted, at this stage.

¶10

However, looking to the facts of the case, we deem it appropriate to dispose off this petition by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioners shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C. provided they co-operate in the investigation.

¶11

Order Date :- 6.3.2020 Nitin Verma

Ajeet Mishra and 2 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ajeet Mishra and 2 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

Santosh Kumar Mishra and 4 Others Vs State of U.P. and 2 Others

Ram Sagar Pandey Alias Ram Sagar Sankatha Pandey and 2 Others Vs State of U.P. and 2 Others

Rajesh Srivastava Vs State of U.P. and 3 Others

Salman and 3 Others Vs State of U.P. and 2 Others

Rizwan and 2 Others Vs State of U.P. and 2 Others

Pooja Gautam and 5 Others Vs State of U.P. and 2 Others