Disposed

Manan Aggarwal v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Another

Allahabad HC9 Oct 2023/8445/2023

Case brief

AI extract

What is this about?

This single-bench order in an criminal appeal under Section 482 CrPC disposed of an application seeking quashing of a charge sheet and summoning order arising from a commercial dispute over e-rickshaw loans. The Court directed the investigating officers to conclude the investigation expeditiously and permitted the applicant to file a fresh application if needed.

What did the court decide?

The application was disposed of; the interim stay on proceedings continued; direction issued to IO to conclude investigation expeditiously.

Manan Aggarwal Vs State of U.P. Thru. Prin. Secy. Home Deptt… — Arbitration | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:65318

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 8445 of 2023

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Applicant :- Manan Aggarwal

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Another

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Counsel for Applicant :- Ishan Baghel,Umang Rai,Veena Vijayan Rajes Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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On 15.09.2023, following order was passed.

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"1. On 24.08.2023 following order was passed:-

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"1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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Present application has been moved by the applicant for quashing the charge sheet dated 24.08.2022 in Case Crime No.0459 of 2021 U/S 420/406/504/506 I.P.C. P.S. Ajgain, DistrictUnnao and summoning order dated 20.02.2023 passed by Additional Chief Judicial Magistrate-III, Unnao.

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Learned counsel for the applicant submitted that the applicant is a manufacturer of e-rickshaw. He further submitted that the O.B.C. (Oriental Bank of Commerce) had decided to provide financial facility to the purchasers of e-rickshaw, thereafter, one agreement was executed in between the applicant as well as the dealer, in which, there was a condition that the dealer shall maintain RSD (Replenishable Security Deposit) of Rs.1,00,000/with the first party (manufacturer) until the expiry of the tenure of last known agreement executed by O.B.C. with the purchaser of e-rickshaw and in case of per-possession or surrender of the vehicle on default, O.B.C. will furnish settlement figure to manufacturer as per the MOU dated 04.06.2019, and in case, second party fails to settle the dues, first party/manufacturer shall adjust the RSD of Rs.1,00,000/- deposited by the dealer with the manufacturer against the settlement amount shared by the manufacturer to the dealer. He further submitted that in case, any dispute arises in between the dealer as well as manufacturer then all disputes and differences shall be settled by mutual discussion and conciliation, failing which, dispute will be resolved in accordance with the provisions of Arbitration and Conciliation Act, 1996 and in the present case, e-rickshaws were sold out by dealer/complainant of the present case and due to non-payment of the loan, the Bank reported to the applicant and applicant informed to the dealer but no action was taken, and thereafter, their RSD amount was detained and the settlement is going on. He further submitted that on the basis of incorrect facts, only with the intention to make pressure on the applicant, F.I.R. in question was lodged and charge-sheet was filed by Investigating OfÏcer without recording the statement of

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borrower as well as the Bank ofÏcials, therefore, kind indulgence of this Court is necessary.

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Learned A.G.A. opposed the prayer of applicant and submitted that after detailed investigation, charge sheet has been filed. He further submitted that applicant may appear before the Court below and apprise all these facts.

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Considering the submissions of learned counsel for the parties, going through the contents of application, including the agreement executed in between the applicant as well as Bank and in between the applicant as well as dealer, other relevant documents, matter requires consideration.

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List this Case on 15.09.2023.

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Issue notice to private respondent returnable at an early date.

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On the next date, applicants, private respondent as well as Investigating OfÏcer of the case in question shall be present before this Court.

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Impugned proceedings shall remain stayed till further order."

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In compliance of aforesaid order, applicant and Investigating OfÏcer of the case in question, namely, Mr. Vinay Kumar, Sub Inspector are present today before this Court but private respondent is not present.

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List this case on 09.10.2023.

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On the next date, applicant as well as informant of the present case and Sub Inspector- Mr. Vinay Kumar along with complete case dairy shall again appear before this Court. 5. Station House OfÏcer, Police Station- Ajgain, District- Unnao is directed to ensure the presence of private respondentShivendra Singh, s/o Ram Raj Singh r/o Durga Mandir Road, Kasba- Nawabaganj, Mob. Nos.8565974638, 9169813407, 8896627077, before this Court on the next date of listing.

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In the meantime, learned A.G.A. will file counter afÏdavit.

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Superintendent of Police, Unnao is directed to ensure that further investigation of the case in question will be conducted by any competent ofÏcer.

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Interim order, granted earlier, shall continue till the next date of listing."

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In pursuance of the aforesaid order, Mr. Vinay Kumar Sub-Inspector is present. Mr. Ram Narayan Yadav-Inspector, P.S. Ajgain, District Unnao is also present before this Court and informs that in compliance of the order of this Court, Superintendent of Police, Unnao has ordered for further investigation vide order dated 26th September, 2023 and the case diary has already been obtained from the concerned court.

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The instructions provided by Mr. Ram Narayan YadavInspector are taken on record.

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Learned A.G.A. submits that further investigation is going on and the present application may be disposed of, subject to the decision of the outcome of further investigation.

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Learned counsel for the applicant also does not have any objection to the same.

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Considering the submissions of the learned counsel for the parties and going through the record as also in view of the order passed by the Superintendent of Police dated 26.09.2023 with regard to the further investigation, the present application is disposed of with the direction to the Investigating OfÏcer to conclude the investigation expeditiously, strictly in accordance with law.

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However, it will be open to the applicant to file fresh application at the appropriate stage, if needed.

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Order Date :- 9.10.2023 VKS

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Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Manan Aggarwal v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Another

Case brief

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What did the court decide?

Manan Aggarwal v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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