Disposed

Neeraj Saxena v. State of U.P. and 3 Others

Allahabad HC5 Aug 2020CRLP/7409/2020

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking quashing of an FIR. It issued an order restraining the petitioner's arrest until the submission of the police report, directing him to cooperate with the investigation.

What did the court decide?

Petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C. but shall cooperate with investigation.

Neeraj Saxena 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. - 7409 of 2020 Petitioner :- Neeraj Saxena Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Misra Counsel for Respondent :- G.A. 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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This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 06.02.2020 registered as Case Crime no. 0055 of 2020 under sections 420, 467, 468, 471, 506 I.P.C., Police Station Fatehgarh Kotwali, District Fathgarh (Farrukhabad).

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Learned counsel for the petitioner submits that petitioner was posted as Managing Director of Agra- Mathura City Transport Services Limited and the present FIR was lodged by respondent no.4 with ulterior motive and he has no locus to lodge the present FIR. The impugned FIR has been lodged by respondent no.4 on the basis of application moved under Section 156(3) Cr.P.C.

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

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner, namely, Neeraj Saxena, shall not be arrested in 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 such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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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 :- 5.8.2020/AS Rathore

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

Neeraj Saxena v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Neeraj Saxena v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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