Disposed

Dhirendra Singh Pal v. State of U.P. and 2 Others

Allahabad HC5 Oct 2020CRLP/9480/2020

Case brief

AI extract

What is this about?

A criminal matters writ petition prayer to quash an FIR and stay arrest of the petitioner. The court directed that the petitioner shall not be arrested pending submission of the police report but must cooperate with the investigation.

What did the court decide?

Petitioner to remain unarrested pending submission of police report under Section 173(2) Cr.P.C. subject to cooperation with investigation.

Dhirendra Singh Pal Vs State of U.P. and 2 Others — Quashing and FIR | Allahabad HC (2020)

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Court No. - 45

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Case :- CRIMINAL MISC. WRIT PETITION No. - 9480 of 2020

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Petitioner :- Dhirendra Singh Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surya Bhan Singh,Shiv Nath Singh(Senior Adv.) 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 Sri Shiv Nath Singh, learned senior counsel assisted by Sri Surya Bhan Singh learned counsel for the petitioner, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.

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This writ petition has been filed by the petitioners with a prayer to quash the impugned F.I.R. dated 8.3.2016, registered as case crime No.383 of 2016, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali Sahar, District Mirzapur.

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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 on 30.4.2020 then the petitioners have come to know about the present case, hence, they have approached this Court by means of filing the present petition. He further submitted that the co-accused persons have already approached this Court challenging the impugned F.I.R. by means of filing Crl. Misc. Writ Petition Nos.20512 of 2018, 17917 of 2018 & 8529 of 2018, in which their arrest has been stayed by Coordinate Bench of this Court vide orders dated 31.7.2018,10.7.2018 & 5.4.2018 respectively, copies of which are annexed as Annexures-3,4 & 5 to the writ petition, hence, the arrest of the petitioner may also be stayed by this Court.

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

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Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner, namely, Dhirendra Singh Pal 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.

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

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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.

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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.

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Order Date :- 5.10.2020 C. MANI

Dhirendra Singh Pal v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Dhirendra Singh Pal 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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