J. Nagar vs State Of U.P. And 3 Ors.
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Allahabad High Court

J. Nagar vs State Of U.P. And 3 Ors. on 20 May, 2024

Author: Siddharth

Bench: Siddharth

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:90469-DB
 
Court No. - 46
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 12619 of 2017
 

 
Petitioner :- J. Nagar
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Manish Tiwary,Ashwini Kumar Awasthi,Ram Pal Singh
 
Counsel for Respondent :- G.A.,Sudhir Mehrotra
 

 
Hon'ble Siddharth,J.
 

Hon'ble Surendra Singh-I,J.

1. Heard Shri Manish Tiwary, learned Senior Advocate assisted by Shri Imran Ibrahim, learned counsel for the petitioner; Shri Sudhir Mehrotra, learned Special Counsel for the High Court Allahabad, respondent no.4 and learned A.G.A. for the respondent nos. 1,2 and 3.

2. This writ petition has been filed with the prayer to quash the First Information Report dated 16.6.2017, registered as Case Crime No. 329 of 2017, under Sections- 419,420,467,468,471,409 IPC, Police Station- Cantonment, District- Allahabad.

3.After hearing the rival contentions, this court finds that there is no dispute between the parties that there is police report under section 173(3) Cr.P.C. against the petitioner and there is also closer report submitted by the C.B.I. in favour of the petitioner to drop the proceedings against him

4.Learned counsel for the respondent no.4 has submitted that there are two conflict reports one against the petitioner and one in favour of the petitioner.As per judgment of the Apex Court in the case of Vinay Tyagi Vs.Irshad Ali @ Deepak & others, (2013)5, SCC,762, it is for the trial court to decide which one is to be accepted.

5.Learned Senior counsel for the petitioner has submitted that petitioner is senior counsel of this court and police is harassing him and he would be compelled to appear in court on each date.

6.Petitioner shall not be compelled to appear personally on every date, he shall be permitted to appear through counsel before the court concerned.

7.Till the decision is taken by the trial court regarding two conflicts reports, no coercive action shall be taken against the petitioner.

8.With the aforesaid observations, the writ petition is disposed of.

Order Date :- 20.5.2024

Atul kr. sri.

(Surendra Singh-I, J.) (Siddharth,J.)