Allahabad High Court
Dinesh Agrawal And 3 Others vs State Of U.P. And 2 Others on 21 April, 2020
Bench: Ramesh Sinha, Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- CRIMINAL MISC. WRIT PETITION No. - 4937 of 2020 Petitioner :- Dinesh Agrawal And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mrityunjay Dwivedi Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Samit Gopal,J.
By means of this petition, the petitioners have prayed for quashing of the impugned FIR dated 17.2.2020 alongwith stay of arrest in Case Crime No.77 of 2020, under Sections 420, 120-B IPC, Police Station Khair, District Aligarh.
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(s).
It appears from the pleadings made in the present writ petition as well as from the allegations levelled in the impugned FIR that there is a dispute between the parties with respect to execution of sale-deed of property regarding which a civil suit being O.S. No.109 of 2019 is pending before the competent court, the said fact is mentioned in para no.8 of the present petition. It further appears from the pleadings made in the present writ petition that petitioner nos.2 to 4 are the witnesses of said sale deed and petitioner no.3 is the deed writer, the said fact is mentioned in para nos.9 and 10 of the present petition. It further appears from the pleadings made in the present writ petition that the impugned FIR has been lodged on the basis of application moved under Section 156(3) Cr.P.C. It further appears from para no.14 of the present writ petition that the petitioners have no criminal history.
After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made, we are of the considered opinion that the petitioner (s) shall not be arrested in Case Crime No.77 of 2020, under Sections 420, 120-B IPC, Police Station Khair, District Aligarh till submission of the police report under Section 173(2) Cr.P.C., if any, before the competent court.
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.
With the aforesaid directions, this petition is finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners 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.
(Samit Gopal, J.) (Ramesh Sinha, J.)
Order Date :- 21.4.2020
Gaurav