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Suresh Mishra vs State Of U.P. And 2 Others on 7 April, 2020


?In Chamber

Case :- CRIMINAL MISC. WRIT PETITION No. – 4668 of 2020

Petitioner :- Suresh Mishra

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

Counsel for Petitioner :- Rakesh Kumar Shukla

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 8.2.2020 alongwith stay of arrest in Case Crime No.64 of 2020, under Section 406 IPC, Police Station Nawabad, district Jhansi.

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).

Taking into account that for the offence for which impugned FIR has been lodged against the petitioner by respondent no.3, maximum sentence awarded is three years and after having examined the pleadings made in the writ petition, perusing the impugned First Information Report, we are of the considered opinion that the petitioner (s) shall not be arrested in Case Crime No.64 of 2020, under Section 406 IPC, Police Station Nawabad, district Jhansi 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 :- 7.4.2020




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