Dismissed

Sudheer Kumar v. State of U.P. and 2 Others

Allahabad HC13 Oct 2020CRLP/8189/2020

Case brief

AI extract

What is this about?

This court directed that the petitioner not be arrested during investigation of an FIR under the Essential Commodities Act and Disaster Act until the police report is submitted, subject to his cooperation, while refusing the prayer to quash the FIR as prima facie an offence was made out.

What did the court decide?

Petitioner not to be arrested till submission of police report under Section 173(2) Cr.P.C., subject to cooperation.

Sudheer Kumar Vs State of U.P. and 2… — Constitutional and Fundamental Rights | Allahabad HC (2020)

¶1

Court No. - 43

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 8189 of 2020

¶3

Petitioner :- Sudheer Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Indra Mani Tripathi Counsel for Respondent :- G.A.

¶4

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

¶5

Heard Sri Indra Mani Tripathi, learned counsel for the petitioner and Sri Deepak Mishra, learned AGA.

¶6

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 29.07.2020 registered as Case Crime No.544 of 2020, under Section 3/7 of Essential Commodities Act, 1955 and Section 56 of the Disaster Act, 2005, Police Station-Baraut, District-Baghpat.

¶7

Learned counsel for the petitioner submits that allegations against the petitioner are that he was not present during inspection and the ration was found in excess, the said allegations are mala fidely motivated only with a view to extort money from the petitioner, inasmuch as, the petitioner on the fateful day i.e. 28.07.2020 was physically present before the Chairman, U.P., State Food Commission pursuant to a notice dated 30.06.2020, no offences are made out, FIR be quashed.

¶8

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

¶9

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.

¶10

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.

¶11

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).

¶12

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.

¶13

Order Date :- 13.10.2020 Ashutosh

Sudheer Kumar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sudheer Kumar 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saddam Vs State of U.P. and 3 Others

Abhishek Yadav (Minor) Vs State of U.P. and 10 Others

Binte Zehra and 3 Others Vs State of U.P. and 3 Others

Neha Madaan Vs State of U.P. and 2 Others

Jai Prakash Maddheshiya and 3 Others Vs State of U P and 2 Others

Narbada Prasad Gupta Vs State of U.P. and 3 Others