Ram Krishna Pandey vs State Of U.P. And 3 Others
2022 Latest Caselaw 5320 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 7669 of 2022
 

 
Petitioner :- Ram Krishna Pandey
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Pramod Kumar Srivastava
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Gautam Chowdhary,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

Prayer made in this petition is to quash the First Information Report dated 6.5.2022 registered as Case Crime No. 48 of 2022, under Section 406 I.P.C., Police Station Trilokpur, District Siddharth Nagar, that relates to criminal breach of agreement.

The allegation prima facie goes to show that after the wheat was harvested, there was an agreement between the parties to see that the entire wheat shall be stored at the police station but the petitioner has sold the wheat and misappropriated the amount that is why investigation of offence under Section 406 is required. The order dated 28.3.2022 passed in Criminal Misc. Writ Petition No.3059 of 2022 is pressed.

It is made clear that the police is bound by the judgment of this High Court and the provisions of Section 41-A shall be adhered to, in accordance with law.

This petition is devoid of merit and is dismissed.

Order Date :- 21.6.2022

Irshad