WPCRL/1494/2022
2022 Latest Caselaw 2455 UK

               Office Notes,
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      Date                                   COURT'S OR JUDGES'S ORDERS
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                                 WPCRL 1494/2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Aditya Pratap Singh, Advocate, for the petitioners.

Mr. J.S. Virk, Deputy Advocate General, assisted by Mr. Dinesh Chauhan, Brief Holder for the State.

Mr. Vikas Kumar Guglani, Advocate, for the complainant/caveator.

It is contended by learned Counsel for the petitioner that the impugned FIR is barred in view of the provisions contained under Section 195 read with Section 340 of CrPC. It is further contended that all allegations made in the FIR point towards one Angrej Pal, but the complainant has not named him as an accused in the FIR.

Learned Counsel for the complainant, relying upon a judgment of Hon'ble Apex Court reported in (2005) 4 SCC 37, contended that the FIR is not barred.

Learned Counsel for the respondents pray for and are granted four weeks' time for filing counter affidavit.

List on 26.9.2022.

Having regard to the facts and circumstances of the case, as an interim measure, it is directed that till the next date of listing, petitioners shall not be arrested pursuant to impugned FIR No. 0123/2022, under Section 420 IPC, PS Gadarpur, District Udham Singh Nagar, provided petitioner cooperates in the investigation. Petitioner shall appear before the Investigation Officer on 8.8.2022 and he shall furnish entire information including the documents in his possession. He shall further appear before the Investigation Officer as and when required.

Stay application (IA/1/2022) stands disposed of.

(Manoj Kumar Tiwari, J.) 4.8.2022 Pr