Allahabad High Court
Rajesh Kumar Singh And Another vs State Of U.P. And 2 Others on 22 July, 2022
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 9411 of 2022 Petitioner :- Rajesh Kumar Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Rashid Siddiqui,Abhinav Gaur,Ankit Shukla,Sr. Advocate Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Umesh Chandra Sharma,J.
Heard Sri Anoop Dwivedi, learned Senior Advocate, assisted by Sri Ami Tandon, learned counsel for the petitioners and learned A.G.A. for the State respondents.
This writ petition has been filed praying to quash the first information report dated 18.06.2018 registered as Case Crime No. 361 of 2018, under Sections 386, 342, 504, 506 and 427 IPC, read with section 7, Section 13 (1) (a) and Section 13 (2) of the Prevention of Corruption Act, 1988, Police Station Sector 58, Noida Gautam Budh Nagar. Further prayer has been made not to arrest the petitioners in the aforesaid case.
Shri Anoop Trivedi, learned Senior Advocate in support of his submission states that in the aforesaid case crime number, a coordinate Bench of this Court vide an order dated 16.8.2018 has already accorded indulgence in Criminal Misc. Writ Petition No.16861 of 2018 (Anil Pratap Singh vs. State of UP and 2 others) in favour of the petitioners till submission of police report under Section 173 (2) Cr.P.C. He makes a statement at the bar that till date in the present proceeding, no chargesheet has been submitted and further in the departmental enquiry, the petitioners have already been exonerated. The same is averred in paragraph-36 of the writ petition. As such, similar indulgence, as has been accorded by the coordinate Bench of this Court in Anil Pratap Singh's case, may also be extended otherwise, the petitioners would suffer irreparable loss and injury.
Learned A.G.A., on the other hand, submits that in case the charge sheet/police report has not been submitted under section 173 (2) Cr.P.C, in such situation he has no objection, if similar indulgence would also be extended to the petitioners.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of in terms of Anil Pratap Singh (Supra) case.
Order Date :- 22.7.2022 Vikram