Allowed

Sabir Ali and Another v. State of U.P. and 2 Others

Allahabad HC5 Nov 2020CRLP/6966/2020

Case brief

AI extract

What is this about?

This Court disposed of a writ petition seeking quashing of an FIR and non-arrest. After noting lack of counter-affidavits, the Court allowed investigation to continue but directed that the petitioner shall not be arrested till the submission of the police report under Section 173(2) Cr.P.C., conditioned on his cooperation.

What did the court decide?

Direction that investigation shall proceed but the petitioner shall not be arrested till submission of police report under Section 173(2) Cr.P.C. subject to cooperation.

Sabir Ali and Another Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 6966 of 2020

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Petitioner :- Sabir Ali And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dr. C.P. Upadhyay Counsel for Respondent :- G.A.,Aalok Kumar Srivastava

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Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Dr. C.P.Upadhyay, learned counsel for the petitioners, Sri Alok Kumar Srivastava, learned counsel for the informant and the learned A.G.A.

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This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 0348 of 2020, under Sections 419, 420, 468, 471, 120B IPC, Police Station Kotwali, District Deoria.

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Learned counsel for the petitioner submits that dispute, if any, is civil in nature, as a civil suit for cancellation of sale deed, executed in favour of informant is pending, criminality is deliberately assigned for ulterior motives only with a view to coerce the petitioner to come to terms, no offences are made out, FIR be quashed.

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Per contra, the learned A.G.A and learned counsel for the informant have opposed the submission.

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This Court while entertaining the writ petition on 08.07.2020 while granting interim order issued notices to the respondents to file a counter affidavit. Neither any counter affidavit is forthcoming nor we are inclined to grant further time.

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However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.

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The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity

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proof of the said person (s) (preferably Aadhar Card).

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 5.11.2020 Ujjawal

Sabir Ali and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sabir Ali 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

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