Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30480 of 2018 Petitioner :- Abhinava Tiwari And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nishant Mehrotra Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners and with further prayer for quashing the impugned FIR dated 03.10.2018 registered as case crime no. 628 of 2018, under Sections 406, 394, 506 IPC, P.S. Bannadevi, District -Aligarh.
It is submitted by learned counsel for the petitioners that respondent no. 3 has purchased two vehicles which were financed by Shriram Transport Finance Co. Ltd., however, when he committed default in repayment the vehicles were repossessed and were put to auction for sale. It is next submitted that the impugned F.I.R. has been lodged as a counter blast and with ulterior intention of putting pressure upon the petitioners falsely alleging that petitioners had approached the respondent no. 3 for settling the matter in lieu of some consideration and when he refused, he snatched his mobile and thrown it and the same was broken. Moreover, apart from the bald allegations made in the impugned F.I.R., no credible evidence whatsoever is forthcoming even prima facie indicating at the petitioners' complicity and hence the impugned FIR qua petitioner is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned FIR and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioners. As far as the question of lack of evidence in support of the allegation made in the impugned FIR is concerned the same shall be collected during investigation and the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties and perused the impugned FIR, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under section 173(2) Cr.P.C. subject to his extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 27.10.2018 RPD