Partly allowed

Abbas Ali v. State of U.P. and 2 Others

Allahabad HC13 Oct 2020CRLP/7962/2020

Case brief

AI extract

What is this about?

The Court refused the prayer to quash an FIR against Gram Panchayat officials despite a prior exoneration by a State committee. A non-arrest direction was granted pending the police report submission under Section 173(2) Cr.P.C., conditional on the petitioners cooperated with the investigation.

What did the court decide?

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

Abbas Ali Vs State of U.P. and 2 Others — Landlord and Tenant | Allahabad HC (2020)

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Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 7962 of 2020 Petitioner :- Abbas Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- G.A.

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WITH

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8499 of 2020 Petitioner :- Shiu Kumar Bhatnagaar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Zafar Abbas Counsel for Respondent :- G.A. Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Zafar Abbas, learned counsel for the petitioner and Sri Deepak Mishra, learned AGA.

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These petitions have been filed by the petitioners-Abbas Ali and Shiu Kumar Bhatnagar, who are 'Sarpanch' and Secretary of the Gram Panchayat seeking quashment of the FIR dated 22.07.2020 registered as Case Crime No.360 of 2020, under Section 409 IPC at Police Station-Kundarki, DistrictMoradabad on the ground that prior to lodging of the FIR, a committee of the State Government under the supervision of the District Magistrate has exonerated the petitioners for charges of dereliction of duty/misappropriation and corruption; yet FIR was mala fidely lodged by respondent no.3. After lodging of the FIR another In-house enquiry has been conducted by three member committee, and in that enquiry also, petitioners have been found to be innocent.

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On the above premise learned counsel for the petitioners prays for quashing of the FIR.

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Per contra, the learned A.G.A has opposed the submission.

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After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.

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However, we dispose of this writ petition with the direction that

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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 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 :- 13.10.2020 Ashutosh

Abbas Ali v. State of U.P. and 2 Others

Case brief

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Abbas Ali v. State of U.P. and 2 Others

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