Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 21839 of 2019 Petitioner :- Anil Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajesh Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Rajesh Kumar Mishra, learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 4.7.2019, registered as Case Crime No.0402/2019, under Sections 418/420/406/389/120-B IPC, P.S. Khurja Nagar, Bulandshahar.
It is submitted by learned counsel for the petitioners that the petitioners purchased a property from respondent no.3 under a registered sale deed dated 29.4.2017, pursuant to which the informant handed over two cheques to the tune of Rs.12,93,000/- which were dishonoured, petitioners issued a notice under Section 138 of the NI Act (Annexure-6), replied by the informant on 5.9.2017, but before the petitioners could lodge a complaint under Section 138 of the NI Act, informant lodged the above FIR on false / malafide and mischievous allegations, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners 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.
With this direction, this petition is finally disposed of.
Order Date :- 27.9.2019 Chandra