Disposed

Alok Kumar Shukla and Another v. State of U P and 2 Others

Allahabad HC6 Jul 2020CRLP/6654/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition seeking quashing of an FIR for cheating and forgery, the High Court held that pending investigation and similar precedents, petitioners must not be arrested if they cooperate until the police report is submitted under Section 173(2) Cr.P.C.

What did the court decide?

Petitioner not to be arrested till submission of police report provided they co-operate with investigation.

Alok Kumar Shukla and Another Vs State of U P and 2… — Cheating and Forgery | Allahabad HC (2020)

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Court No. - 34

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6654 of 2020

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Petitioner :- Alok Kumar Shukla And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Krishna Kumar Shukla Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Singh,J.

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Heard Sri Krishna Kumar Shukla, learned counsel for the petitioners, Shri Rajesh Mishra, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.

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This petition has been filed by the petitioners with a prayer to quash the FIR dated 27.3.2016, registered as case crime No. 383 of 2016, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali City, District Mirzapur.

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Learned counsel for the petitioners submits that co-accused of the present case has earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No. 13453 of 2018 wherein interim protection has been granted in his favour by this Court on 24.05.2018. The investigation has yet not been concluded. The first information report had been lodged without getting a proper verification report. Moreover, even if the allegations in the first information report are taken to be true and correct, the petitioners cannot be said to have committed any offence of cheating as they did not derive any benefit out of the alleged forged documents.

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Be that as it may, considering that persons similarly situated have been granted interim protection by this court, we find that the petitioners herein are also entitled for the same relief.

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case till submission of the police report under section 173(2) Cr.P.C. provided they co-operate with the investigation of the case.

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With the above direction this petition is finally disposed of.

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Order Date :- 6.7.2020 LBY

Alok Kumar Shukla and Another v. State of U P and 2 Others

Case brief

What is this about?

What did the court decide?

Alok Kumar Shukla and Another 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

Statutes considered

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