Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16139 of 2019 Petitioner :- Aman Chandel And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri D.K. Srivastava, learned counsel for the petitioners, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This writ petition has been filed by the petitioners with the prayer to quash the FIR dated 20.4.2019, in case crime no.468 of 2019, u/s 420, 467, 468, 471, 406, 323, 504 IPC and 3(2)(V) SC/ST Act, P.S. Kotwali Orai, district Jalaun.
It has been submitted by the learned counsel for the petitioners that the petitioner no.1 is employed in Merchant Navy since 2014 and has been falsely implicated in the present case. The petitioners did not commit any fraud with anyone but the informant with malafide intention has lodged the present FIR for saving himself. The impugned FIR does not demonstrate any prima-facie cognizable offence against the petitioners.
Per contra learned AGA opposed the prayer for quashing and submitted that 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 present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but taking into account that the petitioner no.1 is employed in Merchant Navy, he shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
(ii) As far as the petitioner no.2 is concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 11.6.2019 Gaurav