Allahabad High Court
Sanjeev Gupta vs State Of U.P. And 2 Others on 15 April, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. WRIT PETITION No. - 4820 of 2020 Petitioner :- Sanjeev Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Gupta Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
By means of this petition, the petitioner has prayed for quashing of the impugned FIR dated 23.04.2019 alongwith stay of arrest in Case Crime No. 249 of 2019 under sections 406, 420, 323, 504, 506 I.P.C., Police Station Dankor, District Gautam Budh Nagar.
Perused the impugned FIR and the pleadings as has been averred in the present writ petition which is supported by an affidavit.
The office has not placed before the Court any E-Mail received from the learned A.G.A for the State, informant/complainant/aggrieved person regarding any objection with respect to the prayer of stay of arrest of the petitioner.
The petitioner is the Director of Sunworld City Pvt. Ltd. The petitioner ceases to be the Director of the company from 16.06.2017 as stated in para 8 of the writ petition. Further the arrest of co-accused persons Yogendra Kumar Gupta and Saurav Gupta have been stayed by a co-ordinate Bench of this Court vide order dated 30.05.2019 passed in Criminal Misc. Writ Petition No. 15180 of 2019 (Yogendra Kumar Gupta and Another vs. State of U.P. and 2 Others) which has been mentioned in para 32 of the writ petition. The copy of the order is annexed as Annexure- 4 to the affidavit. The present case is said to be a case of no injury as per para 26. The petitioner is said to have no criminal history as per para 35 of the writ petition.
After having examined the pleadings made in the writ petition and perusing the impugned First Information Report, we are of the considered opinion that the petitioner shall not be arrested in Case Crime No. 249 of 2019 under sections 406, 420, 323, 504, 506 I.P.C., Police Station Dankor, District Gautam Budh Nagar till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
With the aforesaid direction, this petition is finally disposed of.
It is made clear that it will be open for the State, informant/ complainant/ aggrieved person to move an appropriate application for recall/modification of this order, as the case may be, if there has been any material concealment of fact in the present writ petition as the Court has proceeded to take up the present matter during the period of lockdown in the State of U.P. as well as in the Country on the call given by the Hon'ble Prime Minister of India due to Novel Corona Virus (COVID-19), within a period of two months from today.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 15.4.2020 AS Rathore (Samit Gopal, J.) (Ramesh Sinha, J.)