Court No. - 36
Case :- CRIMINAL MISC. WRIT PETITION No. - 5836 of 2017 Petitioner :- Dinesh Sonkar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra,Rafeek Ahmad Khan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Rekha Dikshit,J.
Heard Sri Rafeek Ahmad Khan, learned counsel for the petitioner, Sri A.K. Sand, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed with the prayer to quash the F.I.R. dated 29.3.2017, registered as Case Crime No.148 of 2017, u/s 406, 420, 147, 323, 504, 506 IPC, P.S. Lohta, district Varanasi.
Learned counsel for the petitioner submits that there was business transaction between the petitioner and respondent no.3. The son of the petitioner was having some Kidney ailment. The cheque issued by the petitioner in favour of respondent no.3 was not dishonoured on account of insufficiency of fund as it appears from the memo of Bank, copy of the same is annexed on page 23 of the present petition. The informant's son was having Kidney ailment for which the petitioner also donated his blood, the said fact is mentioned in para no.10 of the present petition, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Mrs. Rekha Dikshit, J.) (Ramesh Sinha, J.) Order Date :- 18.4.2017 Gaurav