Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5228 of 2019 Petitioner :- Atul Kumar Jain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vidya Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; 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 6.2.2019 registered as Case Crime No. 322 of 2019, under Sections 420 and 406 I.P.C., P.S. Sahibabad, District Ghaziabad.
The allegations in the first information report is that a franchise of Sahara accepted money from the informant and issued receipts but fraudulently receipt is not shown in the record, and, therefore, the informant has been duped.
The contention of the learned counsel for the petitioner is that the petitioner had lodged a first information report, earlier, against cashier of the franchise alleging that she has issued forged and false certificates of deposits and has thereby embezzled a huge sum of money.
Be that as it may, the aforesaid contention is a matter of defence, which cannot be considered, at this stage, for the purpose of quashing the first information report, which discloses commission of cognizable offence.
Under the circumstances, the prayer of the petitioner to quash the first information report is liable to be rejected and is, accordingly, rejected.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 26.2.2019 Md Faisal