Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 30954 of 2018 Petitioner :- Chanan Lal Dhingra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranjit Saxena Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. in Case Crime No. 1033 of 2018, under sections 420, 467, 468, 471 IPC, PS Modinagar, District Ghaziabad.
It has been submitted by the learned counsel for the petitioners that the petitioners are trustees of Shanti Niketan Trust. It is further submitted that it is alleged that the petitioners had fraudulently obtained duplicate copy of three Fixed Deposit Receipts, which stood in the name of trust. However, the certificate issued by the Bank as annexure-1 to SA-1 indicates that the FDRs are still intact. Moreover, apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioners in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, is liable to be quashed.
From the perusal of the impugned F.I.R, it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the nature of the allegations made in the F.I.R., the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Vs. State of U.P. 1994 Cr.L.J 1981, it is directed that the petitioners shall not be arrested in above mentioned case, till the credible evidence is collected by the Investigating Officer during Investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 30.10.2018 Sazia