Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2543 of 2019 Petitioner :- Kamal Yadav And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nitin Raj Singh,Raj Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents no. 1 and 2; and perused the record.
The instant petition seeks quashing of the F.I.R., dated 8.1.2019 registered as Case Crime No. 11 of 2019, under Sections 420, 406, 504 and 506 I.P.C., P.S. Gandhi Park, District Aligarh.
The allegations in the First Information Report is that the petitioner no. 1 (Kamal Yadav), claiming himself a film producer, had collected huge sum of money from people including informant against false promises and the cheques which were issued by him have all been dishonoured.
From a perusal of F.I.R. it cannot be said that commission of cognizable offence is not made out, therefore, the prayer to quash the F.I.R., cannot be accepted.
At this stage, the learned counsel for the petitioner has submitted that the petitioner no. 2 is a household lady, though she is partner to the extent of 90% in the business of the firm of petitioner no. 1, and the petitioner no. 3 has no connection with the business therefore, they are entitled to protection as there is no specific allegation against them. It has been submitted that petitioner no. 3 has been implicated just because he happens to be father of the petitioner no. 1.
Having considered the submissions, in so far as petitioner no. 3 (Prem Pal Singh) is concerned, we deem it appropriate to dispose off this petition by providing that as against him the investigation may continue but he shall not be arrested, subject to his cooperation in the aforesaid investigation, till submission of police report under Section 173(2) Cr.P.C.
In so far as the petitioners no. 1 and 2 are concerned, the petition is dismissed.
Order Date :- 31.1.2019/Md Faisal