Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16218 of 2019 Petitioner :- Manoj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vishesh Kumar Gupta Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Vishesh Kumar Gupta, learned counsel for the petitioner, Sri Vimal Kumar Pandey, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 28.04.2019, registered as Case Crime No. 107 of 2019, under Sections 406, 420 I.P.C., Police Station Pakbara, District Moradabad.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case by respondent no. 4. He has annexed the bank details of the account of respondent no. 4, photocopy of which has been annexed as Annexure No. 2 to the writ petition. The details of account of respondent no. 4 has also been mentioned in the first information report. In para 7 of the affidavit filed in support of the writ petition, it has been stated that petitioner has obtained a bank statement of Account No. 89031808181 of respondent no. 4 showing the bank statement w.e.f. 07.08.2015 to 19.05.2018 which shows that no such transaction has been made as stated. It is only on the basis of conjecture that the accused-petitioner has been made accused in the present case.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners 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.
(Pradeep Kumar Srivastava, J.) (Dinesh Kumar Singh-I, J.) Order Date :- 11.6.2019 sailesh