Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 24369 of 2018 Petitioner :- Khaleeq Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Uday Bhan Mishra,Vivek Giri Counsel for Respondent :- G.A.,Satish Chaturvedi Hon'ble Ramesh Sinha,J.
Hon'ble Dinesh Kumar Singh-I,J.
Sri Anubhav Singh, Advocate, has filed his power on behalf of respondent no.4 today in Court, which is taken on record.
Heard Sri U.B.Mishra, learned counsel for the petitioner, Sri Anubhav Singh, learned counsel for the respondent no.4, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 19.5.2018, registered as case crime No.660 of 2018, under Sections 419, 420, 467, 468 I.P.C., P.S. Dhoomanganj, District Allahabad.
Learned counsel for the petitioners submits that the petitioner has taken some car loan from the respondent no.4 Bank and it is alleged that 'no dues certificate' which was issued by the Bank was found to be forged. He further submits that the the petitioner has not manipulated the said 'no dues certificate' with seal and signature of the Bank concerned but he has sold the said car in order to repay the loan amount. He next argued that the petitioner is ready to pay the outstanding to the Bank in question. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No ofence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
Learned counsel for the respondent no.4 as well as learned A.G.A.opposed the prayer for quashing of the FIR and submitted that recovery proceedings have also been initiated against the petitioner under the SARFAESI Act.
Considering the submissions advanced by learned counsel for the parties, nature of the allegations and taking into account the fact that the petitioner is ready to pay the outstanding against him, it is directed that the petitioner 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.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 5.9.2018/NS