Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5594 of 2019 Petitioner :- Dinesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Km. Surabhi, learned counsel for the petitioner and the learned A.G.A. for the State of U.P.
The writ petition has been filed for quashing he F.I.R. dated 22.12.2018, registered as Case Crime No.1158 of 2018 under Sections 420, 467, 468, 471, 504, and 506 I.P.C. Police Station- Kotwali City, District-Bijnore.
In the F.I.R., in substance the allegation has been made that the informant was doing service in Parmarth Iron Pvt. Ltd. where he was depositing contribution to Provident Fund Organization. When the informant went to withdraw the amount of his provident fund then he came to know that an amount of Rs.1,90,121/- in one instalment and one other amount of Rs.53,806/- in second instalment relating to his provident fund has been transferred in Bank of Baroda main Branch Bijnore in Account No.08180100015519. When the petitioner made enquiry from Bank of Baroda main Branch Bijnore relating to the aforesaid account then he came to know that the accused Ashish Chaudhry, Dinesh and Lalit Kumar Agarwal in collusion with the Branch Manager of Bank of Baroda opened a fake account in the name of the informant in which Dinesh Rana the petitioner stood as guarantor.
Learned counsel for the petitioner submits that at the time of opening account in the Bank there is no need of any guarantor. The false allegation has been made that the petitioner stood as guarantor for opening the account.
In the facts of the case, this writ petition is disposed of with a direction that the petitioner shall not be arrested in Case Crime No.1158 of 2018 under Sections 420, 467, 468, 471, 504, and 506 I.P.C. Police Station-Kotwali City, District-Bijnore till the submission of police report under Section 173(2) Cr.P.C.
Order Date :- 28.2.2019/Rahul.