Petition for quashing of an FIR involving cheque dishonour was disposed of with directions prohibiting arrest pending police report and fixing a timeline for investigation closure.
Petitioners not to be arrested pending police report; investigation to conclude within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 8340 of 2020
Petitioner :- Saroj Yadav And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Singh,J.
Heard Sri Sunil Kumar Singh, learned counsel for the petitioners and Kumari Meena, learned A.G.A. for the State and perused the impugned FIR 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 27.03.2016, registered as Case Crime No. 383 of 2016, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali City, District Mirzapur.
Learned counsel for the petitioners submit that co-accused Avdhesh Kumar Singh (another person in Serial No. 40 in the FIR) of the present case has earlier approached this court for quashing of the FIR by filing Criminal Misc. Writ Petition No. 6368 of 2020 in which interim protection has been granted in his favour by this Court on 25.06.2020, hence the petitioners are also entitled for the same relief, copy of the same is annexed as anenxure no. 2 of the present petition
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.
It is further directed that the Investigating Officer of the present case to conclude the investigation and submit a report before the Magistrate concerned expeditiously preferably within a period of six weeks from the date of production of a copy of the order.
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.)
Saroj Yadav
State Of U.P.
Ramesh Sinha
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
