Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5275 of 2019 Petitioner :- Eindu Prakash Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner, the learned AGA for the respondents-State and perused the record.
The instant writ petition has been filed by the petitioner invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the first information report dated 15.11.2018 bearing Case Crime No. 0254 of 2018, under Sections 420, 467, 468, 471 and 120-B I.P.C., Police Station Kidwai Nagar, district Kanpur Nagar.
It is submitted by the learned counsel for the petitioner that the petitioner is unnecessarily being harassed by the police authorities. The first information report has been lodged by the respondent no. 3 with the allegations that the petitioner has got registered the firm by producing fake PAN number, receipt of Nagar Nigam and cheque book. It is further submitted by the learned counsel for the petitioner that the entire prosecution story is the outcome of personal grudge of the respondent no. 3. There is nothing on record to substantiate the allegation made against the petitioner rather it reflects the manoeuvring on the part of the respondent no. 3. Therefore, the first information report so lodged by the respondent no. 3 is liable to be quashed.
Per contra the learned A.G.A. contended that the allegations contained in the first information report cannot be nipped in the bud. There are sufficient material showing the complicity of the petitioner. The innocence of the petitioner cannot be adjudged at this stage.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner therefore, we do not find any cogent or convincing 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 petitioner, it is directed that the petitioner 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 the petitioner shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
It is further provided that if the investigation in this matter has been completed and police report under Section 173 (2) Cr.P.C. has been filed, the petitioner shall not be entitled to any benefit of this order.
With the above direction, this petition is finally disposed of.
Order Date :- 26.2.2019 Shahnawaz