Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 1574 of 2019 Petitioner :- Bhupinder Kaushik Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satish Chaturvedi Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ghandikota Sri Devi,J.
Heard Sri Satish Chaturvedi, learned counsel for the petitioner and learned A.G.A for the respondents no. 1 and 2.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 17.12.2018 registered as Case Crime No. 652 of 2018, under Sections 420 I.P.C., P.S.- Kotwali Mahoba, District Mahoba.
It is submitted by the learned counsel for the petitioner that respondent no.3 had moved an application before the petitioner, who is the Chief Manager, State Bank of India, Branch Mahoba on 06.12.2018 stating therein that the petitioner has changed his cell phone number from 9452729082 to 7905145760 (Annexure-6 to the writ petition). It is next submitted that total amount, which has been withdrawn from the savings bank account of respondent no.3 from 06.12.2018 to 14.12.2018 to Rs. 05,28,338/-, as is evident from Annexure-3 to the writ petition. Information with respect to aforesaid withdrawals made from the saving account of the respondent no.3 was given to him on his changed Cell Phone Number and amount so withdrawn was spent either by the respondent no.3 or by his family members. It is next submitted by the learned counsel for the petitioner that no cognizable offence is made out against the petitioner and the impugned FIR is liable to be quashed.
Submissions made prima facie appears to correct and required consideration.
Notice on behalf of the responds no. 1 and 2 has been accepted by the learned A.G.A. He is granted four weeks' time to file counter affidavit.
Issuce notice to respondent no.3, who may also file counter affidvit within the same period. Rejoinder affidavit may be filed within two weeks.
List before appropriate bench after six weeks.
Until further orders of this court, arrest of petitioner shall remain stayed pursuant to impugned impugned F.I.R. dated 17.12.2018 registered as Case Crime No. 652 of 2018, under Sections 420 I.P.C., P.S.- Kotwali Mahoba, District Mahoba.
Order Date :- 22.1.2019 T.S.