Dismissed

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

Allahabad HC12 Oct 2020CRLP/8675/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous writ petition, the Allahabad High Court examined a prayer for non-arrest and quashing of an FIR under the Essential Commodities Act. The bench dismissed the petition, holding that investigation materials would inform the correctness of allegations and alternative remedies existed.

What did the court decide?

Prayer for non-arrest and quashing of the FIR was dismissed.

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

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 8675 of 2020

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Petitioner :- Deependra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- G.A.

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

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Heard Sri Dinesh Kumar Pandey, learned counsel for the petitioner and Sri Deepak Mishra, learned A.G.A.

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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 10.04.2020 registered as Case Crime No. 0088 of 2020, under Section 3/7 Essential Commodities Act, Police Station Shoharatgarh, District Siddharth Nagar.

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Learned counsel for the petitioner submits that FIR has been lodged on false / vexatious / mischievous allegations, no offences are made out, FIR be quashed.

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Learned AGA has opposed the submission.

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The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V-1-191 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioner to seek for an anticipatory bail/bail as he may be advised.

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The writ petition is dismissed .

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It is made clear that we have not adjudicated the contentions raised which are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law.

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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).

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The concerned Court/Authority/Official shall verify the

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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.

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Order Date :- 12.10.2020 Ujjawal

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

Case brief

What is this about?

What did the court decide?

Deependra Kumar 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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