Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11080 of 2019 Petitioner :- Kashi Nath Chaturvedi and another Respondent :- State of U.P. And 3 others Counsel for Petitioner :- Suresh Chandra Pandey Counsel for Respondent :- G.A.,Laxmi Narayan Mishra
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Suresh Chandra Pandey, learned counsel for the petitioners and Sri H.K. Chaturvedi, learned counsel for the informant and Sri A.N. Mulla, the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 23.3.2019 registered as Case Crime No. 0247 of 2019 under sections 406, 420, 120B, 34 I.P.C, P.S. Kotwali District Mathura.
It is submitted by the learned counsel for the petitioners that the petitioner no.1 and the informant are Chartered Accountants, who entered into partnership, disputes arose, which are civil in nature, petitioner No.1 lodged F.I.R. against Respondent no.3 in Case Crime No. 1159 of 2018 under Sections 420, 467, 468, 471, 120-B I.P.C. in which respondent no.3 got interim protection by this Court in Criminal Misc. Writ Petition No.28443 of 2018 on 9.10.2018, the impugned F.I.R. is malafidely motivated, which is liable to be quashed.
Per contra learned A.G.A. and Sri H.K. Chaturvedi opposed the submission on the ground that F.I.R. cannot be quashed as cognizable offences are made out.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.
With the aforesaid direction, this petition is finally disposed of. Order Date :- 29.4.2019/Ram Murti