Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 2560 of 2019 Petitioner :- Abhinaw Upadhayay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gaurav Dwivedi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 03.11.2018 registered as Case Crime No. 900 of 2018, under Section 406 I.P.C., P.S. Sikandra, District Agra.
It is contended by the learned counsel for the petitioner that the impugned F.I.R. has been lodged by the respondent no. 4 who is an ex-employer of the petitioner containing absolutely false and concocted allegations after the petitioner had submitted his resignation. Moreover apart from the bald allegations made in the impugned F.I.R. no credible evidence whatsoever is coming forth even prima facie indicating at the petitioner's complicity in the commission of the alleged crime and for the aforesaid reason the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. submitted that from the perusal of the impugned F.I.R. and on the basis of the allegation made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties present and perused the impugned F.I.R., we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner 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 :- 31.1.2019 SA