Disposed

Vivek Prajapati and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Govt. of U.P. Lko. and Others

Allahabad HC20 Feb 2024CRLP/1034/2024

Case brief

AI extract

What is this about?

Petitioners challenged an FIR alleging cheating, seeking quashing and stay of arrest. The bench noted evidence of money transfer, served notice to the complainant, and stayed arrest pending investigation cooperation.

What did the court decide?

Stayed arrest of petitioners pending cooperation with investigation and submission of police report or next listing.

Vivek Prajapati and Another vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 10

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1034 of 2024

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Petitioner :- Vivek Prajapati And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Govt. Of U.P. Lko. And Others Counsel for Petitioner :- Shiv Pal Singh,Ambrish Kumar Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J.

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Heard learned counsel for the petitioners, learned A.G.A. who appears on behalf of the State Respondents and Sri Bhanu Pratap Singh, Advocate who has filed vakalatnama on behalf of opposite party no. 3/informant, which is taken on record.

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This petition has been filed with the following main prayers:-

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"[I] Issue a writ, order or direction in the nature of Certiorari thereby quash the impugned First Information Report dated 05.02.2024 lodged by the opposite party no. 3/complainant against the petitioners as F.I.R. No. 0029/2024, Under Sections- 384 & 386 I.P.C. at Police Station-Korwali Nagar, District-Bahraich, as contained in Annexure No. 1 to the writ petition.

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[II] Issue a writ, order or direction in the nature of Mandamus commanding and directing to the opposite parties not to arrest the petitioners in pursuance of the impugned First Information Report dated 05.02.2024 lodged by the opposite party no. 3/complainant against the petitioners as F.I.R. No. 0029/2024, Under Sections-384 & 386 I.P.C. at Police Station-Korwali Nagar, District-Bahraich, contained in Annexure No. 1 to the writ petition."

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It has been submitted by the learned counsel for the petitioners that the petitioners have given Rs. 13,00,000/through their accounts to the opposite party no.3/informant and when they demanded his money back, the impugned F.I.R. has been lodged making false allegations.

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Learned counsel for the petitioners has placed reliance upon page 26 to page 46 of the paper book which relate to money allegedly having been transferred from the petitioners accounts to the opposite party no.3's account.

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Learned counsel for the opposite party no.3 shall be served a copy of the writ petition today itself by the learned counsel for the petitioner.

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Learned counsel for the opposite party no.3 shall file his short counter affidavit with regard to the allegations made.

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7. List this case in the next week as fresh.

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Whenever the case is next listed, the name of Sri Bhanu Pratap Singh, Advocate, who appearing on behalf of the opposite party no.3, be shown in the cause list.

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Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C., if any, before the competent Court, whichever is earlier, the arrest of the petitioners in pursuance of the impugned F.I.R. shall remain stayed , of course subject to the restraint that the petitioners shall fully cooperate with the investigation and shall appear as and when called upon to assist in the investigation.

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Order Date :- 13.2.2024 Darpan Sharma

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Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench

Vivek Prajapati and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Govt. of U.P. Lko. and Others

Case brief

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Vivek Prajapati and Another v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Govt. of U.P. Lko. and Others

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