Vishal Gupta vs. State Of U.P. And Another
Held
The Court held that since a final report had been submitted recommending the cancellation of the charge sheet in relation to the impugned FIR, there was no further cause of action to proceed with the writ petition. The Court noted the submissions made by the Additional Chief Secretary (Home) and the Superintendent of Police, Jalaun, regarding the expungement of the charge sheet and the filing of the final report. The Court directed the Additional Chief Secretary (Home) to ensure that police authorities do not act without the authority of law and do not interfere with the movement of goods in the ordinary course of business, except as permitted by law, and that the 'Ease of Doing Business' policy is implemented. Furthermore, the Court directed that departmental proceedings initiated against the erring officers be concluded within three months. The personal presence of the officers was exempted.
Facts
The petitioner, Vishal Gupta, filed a writ petition seeking to quash a First Information Report (FIR) registered against him. The FIR, lodged on February 20, 2021, at Police Station Nadi Gaon, District Jalaun, invoked Sections 420 and 188 of the Indian Penal Code (IPC) and Section 63 of the Copyright Act, 1957. The petitioner was allegedly carrying eight bundles of betel-nuts and tobacco in a vehicle when intercepted by Sub-Inspector Kedar Singh. The FIR stated that the petitioner could not produce valid transportation documents for the goods. The High Court, after initial hearings, directed the presence of senior state officials. Subsequently, the Additional Chief Secretary (Home) and Superintendent of Police, Jalaun, submitted personal affidavits indicating that a final report had been filed in the case, recommending the cancellation of the charge sheet.
Key Issues
1. Whether the FIR registered under Sections 420, 188 IPC and Section 63 Copyright Act, 1957, is liable to be quashed, considering the subsequent filing of a final report recommending cancellation of the charge sheet? (Question of law and fact). The petitioner argued that the FIR was registered without proper grounds and that the subsequent actions by the authorities, including the filing of a final report, vindicate his position. The respondents, through their affidavits, indicated that the charge sheet was expunged and a final report was submitted, thereby rendering the petition infructuous. They also highlighted departmental inquiries against the involved police officers.
Sections Cited
Section 420, Section 188, Section 63 Copyright Act, 1957, Section 415, Section 207 M.V.ACT
AI-generated summary — verify with the full judgment below
A.F.R. Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6295 of 2021 Petitioner :- Vishal Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Sri Anil Kumar Srivastava, learned counsel for the petitioner and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Shiv Kumar Pal, learned Government Advocate, Sri Rishi Chaddha, Sri A.K. Sand and Sri Patanjali Mishra, learned A.G.As. for the State-respondents.
On 13.08.2021 and 24.08.2021, this court passed the following orders:- “Order Dated 13.08.2021 Heard learned counsel for the petitioner and learned A.G.A. for State respondents.
On oral request of Learned counsel for the petitioner, "Sub Inspector Kedar Singh, Police Station- Nadi Gaon, District- Jalaun" i.e. informant, is allowed to be impleaded as respondent no.
Notice on behalf of newly impleaded respondent no. 3 has been accepted by the learned A.G.A. This writ petition has been filed praying for the following reliefs:- "(a) Issue a writ order or direction in the nature of certiorari quashing the fi
The judgment continues below.
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