Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25745 of 2019 Petitioner :- Deepak Kalra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- A.C.Srivastava Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard Sri A.C. Srivastava, learned counsel for the petitioner, Smt. Annpurna Devi, learned counsel for the respondent no.4 and the learned A.G.A. for the State.
The petitioner in the present writ petition is seeking quashing of the F.I.R. dated 13.09.2019 registered as Case Crime No. 1428 of 2019, under Section 420, 467, 468, 471 I.P.C., Police Station Sihani Gate, District Ghaziabad with a further prayer not to arrest the petitioner in pursuance of the said first information report.
The allegation in the FIR is that the petitioner has got sanctioned a loan of Rs. 1 Crore in favour of his Firm M/s Tiles Emporium from the Punjab National Bank and in his deal he has submitted the papers/ documents of the property of the informant Narendra Sharma.
The submission of the learned counsel for the petitioner is that he is a businessman and was in need of money and had applied for loan of Rs. 10 Crores in the Punjab National Bank and in this process he came in contact of Lakshya Tanwar but since the petitioner had no security to submit in the Bank, he did not pursue for the sanctioning of the loan. Thereafter, his company received a letter from the Bank informing him that Rs. 1 Crore had been sanctioned as loan in his favour. It is submitted that in the Bank the papers of the land belonging to Saroj Rani Mittal were submitted as security and it is not known to the petitioner as to how the papers of the property belonging to Saroj Rani Mittal had been submitted in the Bank. It has also come on record that the said Saroj Rani Mittal has sold the said property to Jagat Singh and Sunil Kumar who then sold the property to the informant. Lastly, it is submitted that the petitioner has falsely been implicated in this case and he has not submitted the property papers belonging to Saroj Rani Mittal in the Bank as collateral for sanctioning of the loan.
Per contra learned AGA opposed the prayer for quashing the FIR and submitted that after considering the Final Report submitted by the police, the Magistrate has rightly passed the order of further investigation.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioners, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioners, it is directed that the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that they shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 18.12.2019 Kirti