Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 36962 of 2018 Petitioner :- Gyan Prakash Srivastava Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Pandey,Anand Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri A.K. Pandey, learned counsel for the petitioner and learned AGA for State.
This writ petition has been filed by the petitioner seeking quashment of the FIR dated 06.12.2018 in respect of Case Crime No. 0353 of 2018 under Sections 323,504, 506, 419, 420, 467, 468 and 471 of IPC,Police Station Aurai, district, Bhadohi.
Learned Counsel for the petitioner submits that the alleged transaction was made on 28.2.2011, whereas application under section 156(3) of Cr. P.C. has been filed on 15.11.2018. It has been argued that dispute between the parties, is purely of civil nature and unfortunately has been given criminal colour. Learned counsel submits that if the complainant has any grievance, he ought to have filed a suit.
On the other hand, learned State counsel opposes the submission.
Be that as it may, keeping in mind the nature of allegation levelled against the petitioner, we are not inclined to quash the first information report. The petition in that respect is dismissed.
However, in the larger interest, considering the nature of allegations, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.
P.C before the Court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
Order Date :- 18.12.2018 Shahid