Disposed

Ram Prakash Singh Tomar v. State of U.P. and 2 Others

Allahabad HC27 Aug 2020CRLP/8314/2020

Case brief

AI extract

What is this about?

This order granted exemption from arrest to the petitioner pending police report submission. The court distinguished the petitioner from co-accused and disposed of the criminal miscellaneous writ petition without quashing the FIR.

What did the court decide?

Petitioner not arrested till police report submission under S. 173(2) Cr.P.C.; directed to cooperate with investigation.

Ram Prakash Singh Tomar Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8314 of 2020

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Petitioner :- Ram Prakash Singh Tomar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Tiwari Counsel for Respondent :- G.A.

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

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Learned counsel for the petitioner states that he could not file the certified copy of the impugned F.I.R. and prays for exemption. The exemption application is allowed.

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Heard Sri Atul Kumar Tiwari, learned counsel for the petitioner, Kumari Meena, 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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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 10.9.2019 registered as Case Crime No.0423 of 2019, under sections 420, 467, 468, 471 IPC, P.S. Karhal, District Mainpuri and not to coerce the petitioner and his family in pursuance of the aforesaid case.

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Learned counsel for the petitioner submits that petitioner is not named in F.I.R. and at the relevant point of time i.e. in the year 2014, the petitioner was Branch Manager of the Branch in question, when the loan was disbursed to co-accused persons. He submits that the responsibility for verifying the fictitious papers for taking loan, was of the Field Officer Brijendra Singh. He submits that the petitioner, who was retired from service has been implicated in the present case, as his name has been transpired during the course of investigation. The allegations levelled against the petitioner is absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner is liable to be quashed.

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Learned A.G.A. opposed the prayer for quashing of the FIR which discloses cognizable offence.

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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, Ram Prakash Singh Tomar 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

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competent Court, but shall co-operate with the investigation of the case.

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The case of the petitioner is distinguishable from other coaccused persons.

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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, before the concerned Court/Authority/Official.

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

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Order Date :- 27.8.2020 Tamang

Ram Prakash Singh Tomar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ram Prakash Singh Tomar v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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