Writ petition seeking quashing of an FIR. Court directed petitioners not to be arrested pending police report submission but required cooperation with investigation before disposition.
Petitioners shall not be arrested pending submission of police report under section 173(2) Cr.P.C., but must cooperate with investigation.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 8326 of 2020
Petitioner :- Hukam Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vipin Chandra Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Vipin Chandra Pandey, learned counsel for the petitioners, Kumari Meena, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 03.02.2018 registered as case crime no. 0038 of 2018, under sections 420, 467, 468, 471, 120-B I.P.C., police station Kithaur, District Meerut.
Learned counsel for the petitioners submits that it appears that the petitioners are the marginal witnesses of the disputed sale deed. He further submits that the petitioners who have no criminal antecedents to their credit as stated in paragraph 13, hence the impugned F.I.R. is liable to be quashed by this Court.
Learned A.G.A. opposed the prayer for quashing of the impugned F.I.R.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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 they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
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.
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.
Order Date :- 27.8.2020 SA
(Ajit Singh, J.) (Ramesh Sinha, J.)
1 issue framed by the court
Whether to quash the F.I.R. dated 03.02.2018 registered under sections 420, 467, 468, 471, 120-B I.P.C.
1 provisions across 1 enactments
Hukam Singh
3 Others
State Of U.P.
3 Others
Ramesh Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
