Single judge order dismissing writ petition on merits but directing non-arrest of petitioner until police report submission under Section 173(2) Cr.P.C., subject to recall on material concealment.
Direction not to arrest petitioner till submission of police report under Section 173(2) Cr.P.C.
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. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 13482 of 2022
Petitioner :- Rajeev Jain Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Suneet Kumar,J. Hon'ble Syed Waiz Mian,J.
Heard the learned counsel for the parties.
By means of this petition, the petitioner has prayed for quashing of the impugned FIR dated 18.08.2022, registered as Case Crime No. 372 of 2022, under sections 420, 467, 468 I.P.C., Police Station Mallpura, District Agra.
After having examined the pleadings and the averments made in the writ petition and perusing the allegations made in the impugned F.I.R. we are not inclined to enter into the merits of the rival submission. The same is kept open.
However, we finally dispose of this petition with a direction to the State authorities that the petitioners shall not be arrested in respect of above stated crime number till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
It is made clear that it will be open for the State, informant/ complainant/ aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition.
Order Date :- 29.9.2022 K.K. Maurya
Digitally signed by KAMLESH KUMAR MAURYA Date: 2022.09.30 10:46:19 IST Reason: Location: High Court of Judicature at Allahabad
Rajeev Jain
State Of U.P.
Suneet Kumar
Syed Waiz Mian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
