Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5590 of 2019 Petitioner :- Devendra Singh And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arjun Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Supplementary affidavit filed by learned counsel for the petitioners today in Court, is taken on record.
Heard Sri Rajan Srivastava holding brief of Sri Arjun Singh Yadav, learned counsel for the petitioners and the learned A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 05.12.2018, registered as Case Crime No.202 of 2018 under Sections 419, 420, 467, 468, 471 I.P.C. Police Station- Pashchim Sharira, District-Kaushambi.
In the F.I.R., in substance the allegation has been made that the cheque book of the petitioner relating to the Gramin Bank was lost in which contains the cheques no. 245581-90. The accused has fabricated her signature in cheque no. 245586 for the amount of Rs.10,00,000/- and deposited it for encashment. When the encashment was stopped by the informant then a notice has been given to her on 2.08.2018. Thus, the accused have fabricated the document and they have committed offence.
Learned counsel for the petitioners submits that the informant herself has issued the impugned cheque to Lal Singh. Later on knowingly the payment has been stopped, thereafter, Lal Singh gave a notice to the informant for making payment and when the notice has not been complied with then Lal Singh filed complaint Case No.858 of 2018 on 20.08.2018. Then on false allegation the present application under Section 156 (3) Cr.P.C. was filed and 23.08.2018 although in the complaint case the informant has been summoned by the order dated 4.09.2018. Similarly she has issued another cheque to Shivraj Singh petitioner no.3 also as she has taken money from the petitioner under the garb of giving employment to them.
In the facts of the case, this writ petition is disposed of with a direction that the petitioners shall not be arrested in Case Crime No.202 of 2018 under Sections 419, 420, 467, 468, 471 I.P.C. Police Station-Pashchim Sharira, District-Kaushambi till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 28.2.2019 Rahul.