The Allahabad High Court stayed the arrest of the petitioner in the case registered two years ago on charges of cheating at George Town police station and directed the petitioner to cooperate in the investigation.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prakash Padia passed this order while hearing a petition filed by Sandeep Mitra.
The petition has been preferred for quashing the FIR dated 29.8.2020 being Case under Section 147, 148, 149, 323, 504, 506, 419, 420, 467, 468, 471, 406 and 120-B IPC, P.S George Town, District Prayagraj and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.
The Court noted that,
Counsel for the informant submitted that the other co accused has also preferred Criminal Misc Writ Petition (Madhurima Mitra v State of U.P & Ors) in which following conditional interim order was passed on 30.5.2023:-
“Heard counsel for the petitioner, counsel for the first informant and AGA for the State.
Counsel for the petitioner states that petitioner is prepared to pay the informant money due, but seeks time for the purpose.
List this matter as fresh on 05.07.2023, on which date learned counsel for the petitioner shall produce a bank draft of Rs 31,00,000/- in favour of the first informant. Besides, in view of the statement of counsel for the petitioner till the next date of listing, petitioner shall not be arrested consequent to the impugned FIR.
It is made clear that the interim order shall not be extended without hearing Counsel for the parties.”
Counsel for the petitioner submitted that the petitioner has deposited Rs 1.5 crores in the matter. He also assures that the petitioner will extend full cooperation in the matter and as such indulgence may be accorded.
“Till the next date of listing, the petitioner shall not be arrested pursuant to impugned FIR, provided he cooperates with the investigation in question”, the Court ordered.