Disposed

Farooq and 2 Others v. State of U.P. and 3 Others

Allahabad HC5 Aug 2020CRLP/7407/2020

Case brief

AI extract

What is this about?

The High Court of Allahabad directed that the petitioners not be arrested in the named criminal case pending submission of the police report under section 173(2) Cr.P.C., provided they cooperate with the investigation. The petition was disposed of.

What did the court decide?

Direction that petitioners Farooq, Khursheed and Pappu shall not be arrested till submission of police report under section 173(2) Cr.P.C. provided they cooperate with investigation.

Farooq and 2 Others Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2020)

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Chief Justice's Court

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7407 of 2020

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Petitioner :- Farooq And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Mishra Counsel for Respondent :- G.A.

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Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.

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

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By means of this petition, the petitioner has prayed for a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 23.2.2020 registered as Case Crime No. 0034 of 2020, under sections 147, 148, 149, 307, 336, 427, 332, 353, 436 I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Kotwali Nagar, District Aligarh and not to harass/arrest the petitioner in pursuance of the aforesaid case.

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Learned counsel for the petitioner submits that co-accused Raju @ Hashim Khan of the present case has earlier approached this Court for quashing of the F.I.R. by filing Criminal Misc. Writ Petition No. 4505 of 2020, in which the arrest of said coaccused was stayed by coordinate Bench of this Court on 06.03.2020, copy of which has been annexed at Annexure No.2 to the petition. Thereafter other co-accused persons, namely, Sharik and Mohammad Umair and Shahnawaz @ Shanu have also approached this Court for quashing of the F.I.R. by filing Criminal Misc. Writ Petition Nos. 5252 of 2020 and 5794 of 2020, in which their arrest were also stayed by coordinate Bench of this Court on 17.6.2020 and 18.6.2020, respectively, hence the petitioners are also entitled for the same relief.

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Learned A.G.A. opposed the prayer for quashing of the FIR.

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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, namely, Farooq, Khursheed and Pappu, shall not be arrested in the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. , if any, before the competent Court, but shall 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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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 5.8.2020 AS Rathore

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(Samit Gopal,J.) (Govind Mathur, C.J.)

Farooq and 2 Others v. State of U.P. and 3 Others

Case brief

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Farooq and 2 Others v. State of U.P. and 3 Others

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