Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2299 of 2019 Petitioner :- Abhishek Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ganesh Shanker Srivastava Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 16.01.2019 registered as Case Crime No. 0017 of 2019 at P.S. Purani Basti, District Basti, under Sections 406 and 420 I.P.C.
The allegation in the FIR is that the informant had provided two vehicles to the informant on hire. For few months hire charges were paid but later when payment was stopped, upon inquiry, it transpired that vehicles were sold to third party.
Learned counsel for the petitioner has sought to argue that there is only a money dispute between the informant and the petitioner and therefore no case of cheating or criminal breach of trust is made out.
As it is alleged in the first information report that the vehicle was entrusted for only use but the same has been disposed off, it cannot be said that the FIR discloses no offence. Accordingly, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed with liberty to the petitioner to apply for bail.
Order Date :- 29.1.2019 Sunil Kr Tiwari