Kapil Dev Awasthi and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Allahabad HC19 Nov 2024CRLP/1523/2024

Case brief

AI extract

What is this about?

Writ petition challenging an FIR under Section 406 IPC arising out of a payment dispute between a road-cleaning contractor and outsourced employees. The court found the matter warranted further examination, ordered exchange of pleadings within eight weeks and granted interim protection against arrest.

What did the court decide?

Interim order: petitioners shall not be arrested on the basis of the impugned FIR.

Kapil Dev Awasthi and Others Vs State of U.P. Thru. Prin… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1523 of 2024 Petitioner :- Kapil Dev Awasthi And Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Petitioner :- Suhaib Ashraf,Pranjal Krishna Counsel for Respondent :- G.A.,Vijay Kumar

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Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.

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Vakalatnama filed by Mr. Vijay Kumar, Advocate on behalf of opposite party no. 2 is taken on record.

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Heard.

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By means of this petition the petitioners have challenged FIR dated 23.02.2024 bearing case Crime No. 0082 of 2024, under Section 406 IPC registered at Police Station Gomti Nagar, Lucknow East, Comissionerate Lucknow.

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On certain queries put to counsel for opposite party no. 2, he says that he has not received complete instructions as to when the informant was given the contract for cleaning of roads.

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Having heard learned counsel for the parties, it appears that there is some dispute regarding payment of remuneration between the Contractor and petitioners who are outsourced employees which has resulted in the FIR and even from the recitals of FIR, we find that this is a case for interference and further examination is required by this Court under Article 226 of the Constitution of India.

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Let pleadings be exchanged between the parties within eight weeks.

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List thereafter showing the name of Mr. Vijay Kumar as counsel for opposite party no. 2.

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Considering the aforesaid, it is provided that the petitioners shall not be arrested on the basis of the impugned FIR. They shall get their statements recorded before the Investigating Officer within two weeks, thereafter, the investigation will be completed as per law. Learned AGA shall ensure the same. If the petitioners do not cooperate then the informant or the Investigating Officer can move an application for vacation of this interim order.

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[Narendra Kumar Johari, J.] [Rajan Roy, J.]

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Order Date :- 1.3.2024 Santosh/-

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

Kapil Dev Awasthi and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

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What did the court decide?

Kapil Dev Awasthi and Others v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

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What did the court decide?

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