Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37547 of 2018 Petitioner :- Nafees Ahmad And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Atul Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Atul Kumar Srivastava, for the petitioners and A.G.A. for the State of U.P.
The writ petition has been filed for quashing the F.I.R. dated 4.11.2018, registered as Case Crime No.0536 of 2018, under Sections 406, 420 IPC, P.S. Nawabganj, district Bareilly.
In substance, the allegation has been made in the F.I.R. is that the informant has given Rs.6-00 lacs to Nafees Ahamad (petitioner-1) for doing business but the petitioners are neither doing business nor returning his money. When the petitioner were asked to return the money then they gave a cheque on 15.4.2018 for Rs.3-00 lacs which could not be encashed.
The counsel for the petitioners submits that the petitioners and the informant were doing business jointly but due to accounting dispute the present F.I.R. has been lodged with false allegations.
In the fact of the case, the writ petition is disposed of directing that the petitioners shall not be arrested in Case Crime No.0536 of 2018, under Sections 406, 420 IPC, P.S. Nawabganj, district Bareilly. till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 20.12.2018 mt