Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22967 of 2018 Petitioner :- Kailash Sharma And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shambhavi Nandan Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Shambhavi Nandan, learned counsel for the petitioners, Sri Gaurav Pratap Singh, learned brief holding for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 09.01.2018 registered as case crime no. 024 of 2018, under sections 419, 420, 467, 406, I.P.C. and 138 of Negotiable Instruments Act, police station Khorabar, District Gorakhpur.
Learned counsel for the petitioners submits that one Govind Kumar Shukla is said to have given five cheques of Rs.1 lacs each to the respondent no.4. It is further stated that the petitioner has no concern with Govind Kumar Shukla nor he was a tenant of the petitioner no.1, but the petitioner no.1 alongwith his wife and daughter have been implicated in the present case. It is stated that wholly a vague FIR has been registered against the petitioner and it is not alleged that to whom the informant was introduced for providing of job to his son. The petitioner no.1 doing a job of operating J.C.B. Machine.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
The case of the petitioners is distinguishable from the case of Govind Kumar Shukla.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 23.8.2018/VKG