Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 14584 of 2018 Petitioner :- Atul Parashar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amar Jeet Upadhyay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Amar Jeet Upadhyay, learned counsel for the petitioner, Sri Gaurav Pratap Singh, learned Brief Holder for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 11.10.2006, registered as case crime No.343 of 2006, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Sadar Bazar, District Meerut.
Learned counsel for the petitioners submits that the FIR was lodged against the two persons and the petitioner happens to be official of I.C.I.C.I Bank who has been falsely implicated in the present case as it was alleged that officials of the State Bank of India colluded with I.C.I.C.I. Bank and got the transaction done, which was an illegal one and the matter is being investigated by the C.B.C.I.D.
Learned A.G.A. opposed the prayer for quashing of the FIR.
Considered the submissions advanced by learned counsel for the parties.
From perusal of the FIR, it appears that the case is of the year 2006 and from the letter of December, 2015 of the C.B.C.I.D., copy of which is annexed at page-35, the name of petitioner has been disclosed and it is stated that the charge sheet has been submitted in the present case, but it appears from the order dated February, 2016 that for want of sanction of some of the officials, cognizance in the matter has not been taken by the concerned Court on the said charge and the investigation is still pending.
The competent authority who is seized with the sanction of the officials of the Bank is directed to consider the fact regarding prosecution of sanction of the said officials within a period of three weeks from the date of production of a certified copy of this order.
Till then, no coercive action shall be taken against the petitioners in the aforesaid case.
With the above direction, this petition is finally disposed of.
Let a copy of this order be given to the learned AGA for its compliance.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 31.5.2018 AU