Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10538 of 2018 Petitioner :- Mahendra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dhiraj Srivastava,Sri B.K. Srivastava (Sr. Adv) Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri B.K. Srivastava, learned Senior Advocate, assisted by Sri Dhirajj Srivastava, learned counsel for the petitioner, Sri G.P.Singh, 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 22.5.2017, registered as Case Crime No.509 of 2017, under Sections 420, 467, 468, 470, 471 I.P.C., Police Station Kalyanpur, District Kanpur Nagar.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case with malafide intention. He further submits that the petitioner was the then Branch Manager, UCO Bank, Lakhanpur Kakadev, Kanpur Nagar at the time when respondent no.3 had taken a loan of Rs.30,00,000/- and he became defaulter, hence, the proceedings under Section 13(2) of The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 were initiated against him, hence, in order to avoid the loan liability the impugned FIR has been lodged by respondent no.3 against the petitioner levelling false and frivolous allegation. He next argued that co- accused Shiv Singh Chandel who was loan guarantor was arrested by the police, has been granted bail by the competent court and charge sheet has been submitted against him. From perusal of the FIR, no offence is made out against the petitioner, hence, the FIR is liable to be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR, but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, 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 :- 25.4.2018/NS