Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25818 of 2019 Petitioner :- Kripal Singh Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners; the learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 04.06.2019 registered as Case Crime No. 225 of 2019 at P.S. Kotwali Dehat, District- Etah, under Section 409 I.P.C.
The allegations made in the impugned first information report are to the effect that in lieu of sale/supply of wheat, the amount payable to the informant was not paid and even receipt was not provided, as a consequence whereof, the informant could not get Rs. 76,027.50 paise for the wheat sold by him.
The petitioner no. 1 is the Secretary of the Cooperative Society where the sale allegedly took place. The petitioner no.2 happens to be the son of petitioner no.1.
The contention of the learned counsel for the petitioners is that the impugned first information report is highly belated and the allegations are false and in fact payment has been made.
Whether the payment has been made or not is a matter which could be determined on the basis of the material collected during the course of investigation and therefore, on the grounds taken, the prayer to quash the first information report cannot be accepted.
However, considering the facts of the case as also that the first information report has been lodged with delay, we deem it appropriate to dispose off this petition by providing that investigation of the case shall continue and brought to its logical conclusion but petitioners shall not be arrested in the above case till submission of police report under Section 173 (2) CrPC. provided they cooperate in the investigation and produce relevant documents showing the payment to the informant.
It is also clarified that this protection order will not be operative if already police report under Section 173 (2) Cr.P.C. has been submitted.
Order Date :- 18.12.2019 Sunil Kr Tiwari