Case :- CRIMINAL MISC. WRIT PETITION No. - 16941 of 2019 Petitioner :- Smt. Asha @ Asha Gupta And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pulak Ganguly Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
The instant petition seeks quashing of the first information report dated 10.5.2019 registered as Case Crime No. 166 of 2019 at P.S. Premnagar, District Bareilly, U/s 147, 323, 506, 406, 420, 452 I.P.C.
On 20.6.2019, following order was passed:-
"Heard Sri Pulak Ganguly, learned counsel for the petitioners and Sri Deepak Mishra, learned A.G.A. appearing on behalf of the State.
This writ petition has been filed to quash the impugned F.I.R. dated 10.05.2019 giving rise to the Case Crime No. 166 of 2019, under Sections 147, 323, 506, 406, 420, 452 I.P.C, P.S. Premnagar, District Bareilly.
The submission of learned counsel for the petitioners is that they are agents of M/s Ajay and Virendra Co. who are suppliers of Smart Electric Meters to be installed in various cities of the State in accordance with the policy of the Power Corporation. The third petitioner was appointed by M/s Ajay and Virendra Co. as their agents at Bareilly to install the said Smart Electric Meters. The fourth respondent indicated a demand for installation of one lakh meters and for the purpose deposited with the third petitioner a sum of Rs. 12,00,000/-. The petitioner submits that the said money was transferred to the account of the suppliers, M/s Ajay and Virendra Co. However, the suppliers could not make good the supply of meters within time which led the fourth respondent to go restive. He has proceeded to lodge the impugned F.I.R. alleging offences of cheating and criminal breach of trust besides other allegations that are no more than frills added to the prosecution story. Mr. Ganguly submits that in essence it is a commercial dispute and the delay in installation of meters has occurred on account of delay on the part of the suppliers, M/s Ajay and Virendra Co. and not the third petitioner. There is absolutely no criminal angle to it. It is also pointed out that so far as the petitioners 1 and 2 are concerned at all, they have nothing to do with the transaction and they are the mother and brother of the third petitioner, who are in no way privy to the contract.
A prima facie case is made out. Admit.
Issue notice to the respondent no. 4 returnable on 09.08.2019. Steps may be taken within a week.
In the meanwhile pending investigation the police are ordered not to arrest the petitioners in rise to the Case Crime No. 166 of 2019, under Sections 147, 323, 506, 406, 420, 452 I.P.C, P.S. Premnagar, District Bareilly. However, investigation will go on and the protection granted by this order will not be available once a report under Section 173(2) Cr.P.C. is filed"
The order sheet reveals that notice was sent to the respondent no. 4 fixing 9.8.2019 but neither acknowledgment nor undelivered cover of the notice issued to the respondent no. 4 has been received back.
Considering that the interim order has remained operative since 20.6.2019, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and brought to its logical conclusion but till submission of police report under Section 173 (2) Cr.P.C., the petitioner shall not be arrested provided he cooperates in the investigation and makes himself available for interrogation.
The petition is disposed off.
Order Date :- 27.11.2019 Saurabh