Partly allowed

Simran Singh Narang v. State of Up and Another

Allahabad HC11 Sept 2024A482/24869/2024

Case brief

AI extract

What is this about?

The High Court granted prayer to stay the effect of impugned orders attaching the applicant under Section 482 Cr.P.C., directing the applicant to cooperate with the Investigation Officer for three specific dates while the applicant cooperates.

What did the court decide?

Prayer for stay of attachment orders allowed on condition of applicant's appearance and cooperation with I.O. on 18.09.2024, 19.09.2024, and 20.09.2024.

Simran Singh Narang vs State of Up and Another — Corruption | Allahabad HC (2024)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 24869 of 2024

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Applicant :- Simran Singh Narang Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Gaur,Ankit Shukla,Mohd. Rashid Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard Shri Anoop Trivedi, learned Senior Counsel assisted by Shri Abhinav Gaur, learned counsel for the applicant and Shri A.K. Sand, learned Government Advocate for the State.

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The instant application under Section 482 Cr.P.C. has been filed for quashing the orders dated 12.04.2024 and 06.07.2024 passed by learned Chief Judicial Magistrate, Chitrakoot in Case Crime No. 120 of 2024, under Sections 286, 336, 338, 304 I.P.C. and Sections 3 (b) and 4 of the Explosive Substances Act, 1908, P.S. Karvi Kotwali Nagar, District Chitrakoot.

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Learned Senior Counsel for the applicant states that (i) an F.I.R. was lodged on 14.02.2024 as Case Crime No. 120 of 2024, under Sections 3 (b) and 4 of the Explosive Substances Act, 1908 at Police Station Karvi Kotwali Nagar, District Chitrakoot against M/s Dome Entertainment Pvt. Ltd. and its proprietors, who entered into an agreement with the applicant's company to install firecrackers at the Bundelkhand Gaurav Mahotsav, (ii) the applicant has been arrayed as an accused during investigation, (iii) the applicant is not involved in the installation of the firecrackers as it was to be executed by M/s Dome Entertainment Pvt. Ltd.- a company expert in the installation and management of firecrackers show, (iv) as per the terms of the contract, it was the responsibility of M/s Dome Entertainment Pvt. Ltd. to ensure that the standard

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operational procedure is followed while installing the fire crackers, (v) there is no evidence surfaced against the applicant during the investigation, and the applicant has been falsely implicated in the present case, (vi) the ingredients of Section 3(b) of the Explosive Substances Act, 1908 are not attracted against the applicant, (vii) no malicious intent is attributed to the applicant, therefore, ingredients of Section 304 I.P.C. is not made out, (viii) applicant is ready and willing to cooperate with the investigation as and when required by the I.O., (ix) the applicant was not aware about the impugned order dated 12.04.2024 and 06.07.2024, prior to the filing of the instant application, and (x) the impugned order has been obtained by concealing the material facts from the Court.

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Per contra , Shri A.K. Sand, learned Government Advocate, states that there are serious allegations against the applicant, and four persons died because of the negligence of the applicant's company. Initially, the contract to organize the firecracker show was awarded to M/s Dome Entertainment Pvt. Ltd., which subsequently entered into an agreement with the applicant's company, without obtaining approval from the Government. The applicant's name was figured during the investigation, and the applicant has not participated in the investigation despite giving various notices and summons. This forced the police to seek a nonbailable warrant from the Court below, and subsequently, proceedings under Section 82 Cr.P.C. were initiated.

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Be that as it may, the matter requires consideration.

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Learned counsel for the applicant states that the applicant is ready and willing to participate in the investigation and undertakes to cooperate with the police. The whole idea of seeking nonbailable warrant by the police is to enable the accused to join the

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investigation. In such circumstances, and as undertaken by the applicant, the applicant is directed to appear before the Investigating Officer on 18.09.2024, 19.09.2024 and 20.09.2024 at 11:00 a.m. at the Police Station Karvi Kotwali Nagar, District Chitrakoot to join the investigation.

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Subject to the applicant joining and cooperating with the Investigating Officer, the effect and operation of impugned orders dated 12.04.2024 and 06.07.2024 shall remain stayed. It goes without saying that the applicant shall cooperate and facilitate the investigation.

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Put up this case as fresh on 23.09.2024 at 3:30 p.m.

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The Investigating Officer shall virtually appear before this Court through video conferencing at 3:30 p.m. on 23.09.2024.

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Order Date :- 11.9.2024

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Shafique

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Justice Vinod Diwakar

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Simran Singh Narang v. State of Up and Another

Case brief

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Simran Singh Narang v. State of Up and Another

Case brief

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