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Ansar Ali And 5 Others v. State Of U.p. And 3 Others

Ansar Ali And 5 Others v. State Of U.p. And 3 Others

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. WRIT PETITION No. - 15423 of 2022 | 18-10-2022

1. Heard Shri Mazhar Ullah, counsel for the petitioners, learned A.G.A. and perused the record.

2. Judicial scrutiny is sought by the petitioners challenging the FIR dated 4.6.2022 registered as case crime no.70 of 2022, under Sections 120-B, 147, 379, 323, 504, 506, 420, 406 I.P.C., Police Station-Saifani, District-Rampur.

3. Counsel for the petitioners submits that the story mentioned in the impugned FIR is tissue of utter falsehood, and a cooked up story against the petitioners. The petitioners are ready to participate in investigating the case, provided their interest is protected during investigation.

4. We have perused the FIR which reflects that there is deep rooted misunderstanding relating to commercial transaction between the parties. From the F.I.R. cognizable offence seems to be made out however, we refrain ourselves to make any observations either way, granting the investigator fullest liberty to have indepth probe into the matter within time specified under the law.

5. Under the circumstances, it is directed that the petitioners shall not be arrested till the submission of report by the police under section 173(2) Cr.P.C. OTHERWISE, the procedure of law would follow against the petitioner and the protection given to the petitioners would automatically stands vacated. It is incumbent upon the petitioners to provide all necessary assistance to the Investigation Officer during investigation.

6. With this observation, the writ petition stands disposed of.

Advocate List

  • Mazhar Ullah

  • G.A.

Bench
  • Hon'ble Justice&nbsp
  • Vivek Kumar Birla
  • Hon'ble Justice Rahul Chaturvedi
Eq Citations
  • LQ
  • LQ/AllHC/2022/18280
Head Note

Criminal Procedure Code, 1973 — Ss. 438 and 439 — Interim protection against arrest — Deep rooted misunderstanding relating to commercial transaction between parties — Petitioner ready to participate in investigation, provided his interest is protected during investigation — FIR reflects that there is deep rooted misunderstanding relating to commercial transaction between the parties — From the FIR cognizable offence seems to be made out — However, no observations made either way — Granting the investigator fullest liberty to have indepth probe into the matter within time specified under the law — Petitioners shall not be arrested till submission of report by the police under S. 173(2) Cr.P.C. — Otherwise, the procedure of law would follow against the petitioner and the protection given to the petitioners would automatically stand vacated — It is incumbent upon the petitioners to provide all necessary assistance to the Investigation Officer during investigation