Disposed

Ajay Kumar @ Dharmendra and 3 Others v. State of U.P. and 3 Others

Allahabad HC5 Oct 2020CRLP/9473/2020

Case brief

AI extract

What is this about?

This court refused to quash the FIR but directed that the petitioners not be arrested until the police report under Section 173(2) Cr.P.C. is submitted, conditioned on their cooperation with the investigation.

What did the court decide?

Quashing of FIR refused. Direction issued not to arrest petitioners till police report under Section 173(2) Cr.P.C., subject to cooperation with investigation.

Ajay Kumar @ Dharmendra and 3 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9473 of 2020

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Petitioner :- Ajay Kumar @ Dharmendra And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Prasad,Buddhi Prakash Counsel for Respondent :- G.A.

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Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.

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Heard the learned counsel for the petitioners and the learned A.G.A. for the State.

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The petitioner in the present writ petition is seeking quashing of the F.I.R. registered as Case Crime No. 275 of 2020, under Sections 506, 504, 323 I.P.C. police station Meja District Prayagraj with a further prayer not to arrest him in pursuance of the said first information report.

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The allegations, as per the F.I.R. version are that on 23.5.2020 at about 10.30 p.m. when the complainant was going on the road towards his fish pond, the petitioners reached there and started hurling abuses and also assaulted him by Lathi, stick and iron rod resulting in serious injuries to him.

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The submission of the learned counsel for the petitioners is that the pond in question belongs to them and the complainant side used to take fish from the said pond illegally and on the night concerned, the complainant was caught fishing illegally and therefore a false FIR has been lodged by him. It is also submitted that the petitioners were granted the fishing lease of the pond in question and the petitioner no. 1 has also made a complaint to the SDM on 15.2.2020 (Annexure no. 3 to the writ petition) to the effect that some bully persons of the village are taking fish from his pond and prayed for action against them. It is therefore submitted that due to this dispute the present impugned FIR has been lodged against the petitioners with ulterior motive and the same is liable to be quashed.

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Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.

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From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.

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However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.

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With the above direction, this petition is finally disposed of . Order Date :- 5.10.2020

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o.k.

Ajay Kumar @ Dharmendra and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ajay Kumar @ Dharmendra and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

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What the court decided

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