Disposed

Ashish Singraur v. State of U.P. and 2 Others

Allahabad HC27 Aug 2020CRLP/8358/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the petitioner sought to quash an F.I.R. and stay his arrest. The Court directed that the petitioner shall not be arrested until the police submit the report under Section 173(2) Cr.P.C. and that he shall cooperate with the investigation.

What did the court decide?

Stay of arrest until submission of report under Section 173(2) Cr.P.C.; direction to cooperate with investigation.

Ashish Singraur Vs State of U.P. and 2 Others — Writ and Judicial Review | Allahabad HC (2020)

¶1

Court No. - 1

¶2

Case :- CRIMINAL MISC. WRIT PETITION No. - 8358 of 2020

¶3

Petitioner :- Ashish Singraur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Srivastava Counsel for Respondent :- G.A.

¶4

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

¶5

Heard Sri Pankaj Srivastava, learned counsel for the petitioner, Smt. Archana Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

¶6

This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. dated 27.3.2016, registered as case crime No. 383 of 2016, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali Sahar, District Mirzapur.

¶7

It has been contended by the learned counsel for the petitioner that though the petitioner is named in the F.I.R. along with the co-accused but they did not have any knowledge about the same as the Investigating Officer did not proceed to take any coercive action against them and recently a notice has been received from the police then the petitioner has come to know about the present case, hence, he has approached this Court by means of filing the present petition. He further submitted that the coaccused Km. Vibha and two others have already approached this Court challenging the impugned F.I.R. by means of filing Crl. Misc. Writ Petition No. 6180 of 2020, in which their arrest has been stayed by Coordinate Bench of this Court vide order dated 25.6.2020, copy of which is annexed as Annexure-5 to the writ petition, hence, the arrest of the petitioner may also be stayed by this Court.

¶8

Learned A.G.A. opposed the prayer for quashing of the F.I.R.

¶9

Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner, namely, Ashish Singraur, 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 competent Court, but shall co-operate with the investigation of the case.

¶10

With the above direction, this petition is finally disposed of.

¶11

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.

¶12

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.

¶13

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

¶14

Order Date :- 27.8.2020 Prajapati

Ashish Singraur v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Ashish Singraur 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

Parties & counsel

Coram

Case details

Similar cases

Reema Maurya Vs State of U.P. and 2 Others

Surekha Yadav and Another Vs State of U P and 3 Others

Deepa Katiyar Vs State of U.P. and 3 Others

Changez Rana Vs State of U P and 2 Others

Sumit Kumar Vs State of U.P. and 2 Others

Rudal and Another Vs State of U.P. and 2 Others