Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5199 of 2019 Petitioner :- Daya Shankar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Narayan Tripathi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Certified copy of the first information report has been filed today, which is taken on record.
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 14.02.2019 registered as Case Crime No.75 of 2019, under Sections 419, 420, 467, 468, 504, 506 IPC, P.S.
Mauaima, District Prayagraj.
The allegation in the impugned first information report is that the petitioner had taken money for securing job to the informant; that forged appointment letters were posted to the informant; that later part of the money was returned by cheque.
The contention of the learned counsel for the petitioner is that the allegations are false; money was not taken for securing job; and a civil cause of action has been given colour of a criminal case.
Be that as it may, it is well settled that the defence of the accused is not to be seen while dealing with a prayer to quash the FIR, particularly, at the stage of investigation, and, therefore, the prayer of the petitioner to quash the first information report cannot be accepted.
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 AKShukla/-