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Ram Pravesh Yadav vs State Of U.P. And 2 Others on 8 April, 2020


?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4740 of 2020

Petitioner :- Ram Pravesh Yadav

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Sudhanshu Pandey,Mayank Mohan Dutt Mishra

Counsel for Respondent :- G.A.

Hon’ble Ramesh Sinha,J.

Hon’ble Samit Gopal,J.

The Bench has been constituted in pursuance of the order dated 04.04.2020 passed by Hon’ble The Chief Justice which is available on the official website of this Court.

By means of this petition, the petitioner has prayed for quashing of the impugned FIR dated 22.1.2020 alongwith stay of arrest in Case Crime No.23 of 2020, under Section 406 I.P.C., Police Station Sahjanwa, District Gorakhpur.

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 transpires from the allegations made in the FIR and the averments made in the writ petition that some amount was given by the private respondent no.3 to the petitioner five years ago for getting him an employment and on asking for return, the same was not being returned and the petitioner has denied the said allegation in paragraph no.9 of the writ petition. It further transpires that the petitioner has no criminal history, as has been stated in paragraph no.13 of the writ petition. The offence is punishable with maximum sentence of three years.

After having examined the pleadings made in the writ petition, perusing the impugned First Information Report and considering the averments made in the petition, we are of the considered opinion that the petitioner (s) shall not be arrested in Case Crime No.23 of 2020, under Section 406 I.P.C., Police Station Sahjanwa, District Gorakhpur 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 taken up the present matter and proceeded with it treating to be extremely urgent 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 (s).

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 :- 8.4.2020/NS



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