Allahabad High Court
Sandeep Kumar @ Appu Tiwari And 2 Others vs State Of U.P. And 2 Others on 8 October, 2020
Author: Subhash Chand
Bench: Subhash Chand
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 38 Case :- CRIMINAL MISC. WRIT PETITION No. - 10710 of 2020 Petitioner :- Sandeep Kumar @ Appu Tiwari And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Mishra Counsel for Respondent :- G.A. Hon'ble Arvind Kumar Mishra-I,J.
Hon'ble Subhash Chand,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari for quashing the impugned FIR dated 21.07.2020 as Case Crime No. 112 of 2020, under Sections 506, 504, 420, 406 IPC, P.S. Dhata, District Fatehpur.
Contention is that in this case money was required to be paid to the respondent no.3-Ajab Singh. However, out of total amount of Rs.2,70,000/-, the petitioners have already paid Rs.50,000/- to the opposite party no. 3. The petitioners request that they may be allowed 3-4 months time to clear the entire outstanding dues of respondent no.3.
Learned A.G.A. has also been heard.
Upon consideration of various aspects of the case, in case the petitioners are ready to pay the outstanding dues of respondent no.3, they may move appropriate application within the knowledge of the Investigating Officer concerned before the Magistrate with an undertaking that they want to repay the remaining money of respondent no.3.
We have perused the entire material available on record and find that obviously, the petitioners are ready to pay the entire outstanding dues of respondent no.3 within 3-4 months, then the Investigating Officer concerned may consider that aspect of the matter and will not unnecessarily pressurise the petitioners to succumb to the legality of the case.
From the perusal of the FIR, prima facie it cannot be said that no offence is made out against the petitioners.
However, considering the grievance of petitioners that they are ready to pay the outstanding dues of respondent no.3, the petitioners are directed to pay some amount to the respondent no.3 within one month from today and this fact be duly informed to the Investigating Officer concerned. Subject to payment of first instalment, no coercive action shall be taken against the petitioners pursuant to the FIR impugned in this writ petition.
With the aforesaid observations the writ petition is finally disposed of.
Nothing has been observed on the merits of the case.
Order Date :- 8.10.2020 Prajapati