Petitioner sought quashing of FIR and non-arrest direction pending wedding. Court ordered no arrest until 27.01.2022 and noted arrest possible if credible evidence emerges later. Petition disposed.
No arrest until 27.01.2022; arrest only if credible evidence found thereafter.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 286 of 2022
Petitioner :- Deepu @ Lucky @ Pradeep Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kr. Srivastava,Chandan Sharma
Counsel for Respondent :- G.A.
Hon'ble Anjani Kumar Mishra,J. Hon'ble Deepak Verma,J.
Heard Sri Chandan Sharma, learned counsel for the petitioner and learned A.G.A for the State respondents.
The relief sought in this petition is for quashing of the F.I.R. dated 07.01.2022, registered as Case Crime No.04 of 2022, under Sections 420, 467, 468, 471, 34 I.P.C. and Section 60(2), 72 of Excise Act and Section 63 of Copy Right Act, 1957 and also Section 104 of Trade Mark Act, 1999, Police Station Ghorawal, District Sonbhadra.
The contention of learned counsel for the petitioner is that the petitioner is not named in the FIR, neither any recovery has been made from him. His name has merely been taken by one of the co-accused. Additionally, it has been submitted that the petitioners marriages is fixed for 23.01.2022 and that the related ceremonies shall commence from 21.01.2022.
Under the circumstances and in view of the submissions made, we direct that the petitioner shall not be arrested till 27.01.2022 consequent to the impugned FIR. Even thereafter, the petitioner may be arrested only in case the investigation reveals some credible evidence against him.
Subject to the above, this petition stands disposed off.
Order Date :- 21.1.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.01.21 13:50:55 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to arrest the petitioner in view of his upcoming marriage and lack of naming in FIR?
3 provisions across 3 enactments
Deepu @ Lucky @ Pradeep Jaiswal
State Of U.P.
Anjani Kumar Mishra
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
