Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2180 of 2019 Petitioner :- Manish Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Sharma,Vinay Kumar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 31.12.2018 in Case Crime No.1449 of 2018, under sections 147, 420, 506, 427 IPC P.S. Kalyanpur District Kanpur Nagar.
It is submitted that the petitioners are medical representatives of a company, respondent no.4 an whole seller, a commercial dispute arose over non-payment of money by respondent no.4 to the company, the dispute, if any, is of civil nature, coupled with the fact, the alleged cheques issued by the petitioners as guarantee, were never encashed by the informant, FIR is malafidely motivated, liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 29.1.2019/Harshita