Disposed

Nempal v. State of U.P. and 2 Others

Allahabad HC25 Aug 2020CRLP/7989/2020

Case brief

AI extract

What is this about?

This is a criminal miscellaneous writ petition seeking quashing of an FIR under the Essential Commodities Act. The Court directed that the petitioner not be arrested pending the police report under Section 173(2) Cr.P.C. but must cooperate with the investigation.

What did the court decide?

Order directed that the petitioner shall not be arrested pending the police report under Section 173(2) Cr.P.C. but shall cooperate with investigation.

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

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7989 of 2020

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Petitioner :- Nempal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- V.P. Singh Kashyap,Manish Kumar Kashyap Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.

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Heard Sri V.P. Kashyap, learned counsel for the petitioner, Ms. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 08.04.2020 registered as Case Crime no. 0178 of 2020, under Sections 3/7 Essential Commodities Act, 1955, Police Station Rajpura, District Sambhal.

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Learned counsel for the petitioner submits that the petitioner is having license of fair price shop and on the basis of some complaint made by some villagers that they were not getting the essential commodities, the impugned F.I.R. has been lodged by respondent no. 3. He submits that the allegation levelled against the petitioner is absolutely false and frivolous, hence the impugned F.I.R. is liable to be quashed by this Court.

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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

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for the parties and nature of the allegations, it is directed that the petitioner namely, Nempal, 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, computed 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, before the concerned authority.

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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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It is made clear that the interim order passed by this Court in the present petition shall not prejudice the cancellation proceeding initiated against the petitioner.

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Order Date :- 25.8.2020 Nadeem Ahmad

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(Ajit Singh,J.) (Ramesh Sinha,J.)

Nempal v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Nempal 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

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