Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34201 of 2018 Petitioner :- Mithai Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Ranjan Srivastava,Virendra Pratap Singh Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. registered as Case Crime no. 0756 of 2018, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Cantt, district-Gorakhpur.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no.4 containing absolutely false and concocted allegations against the petitioner after an inordinate and unexplained delay of six years as a counterblast to the complaint filed by the petitioner against him u/s 138 of Negotiable Instruments Act. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioner and the nature of the allegations made in the F.I.R., it is directed that till the submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to their extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 28.11.2018 Shalini