Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20439 of 2018 Petitioner :- Kamal Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kumar Dhananjay Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioner, 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 by the petitioner with a prayer to quash the F.I.R. dated 14.06.2016 registered as case crime no.318 of 2018 u/ss. 420, 406, 504, 506 IPC, PS.
Civil Lines, District Meerut.
Learned counsel for the petitioner submits that the main payment by which the money was given to the petitioner for executing an FDR of the said amount was paid by the informant which fact has not been disclosed in the impugned FIR. Moreover, the informant is not the Director of the company in question and the present FIR has been lodged after 14 years of the occurrence.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 Madhurima