Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner, learned Additional Government Advocate, who has accepted notices on behalf of opposite parties 1 to 3, and Sri Shiva Nand Pandey, learned counsel appearing for opposite party no. 4.
Under challenge in the instant writ petition is FIR relating to Case Crime No. 727 of 2009, under Sections 395, 384, 504 and 506 IPC, police station Chanda, District Sultanpur.
We have gone through the FIR.
It comes out that the petitioner, who happens to be Senior Manager (Credit), M/s Shri Ram Transport Finance Company Limited, had disbursed certain loan. Out of this loan, trucks were purchased by opposite party no. 4 and the same were hypotheticated in the name of the company and certain amount in the shape of installments was to be paid, which amounts to Rs. 29,500=00 per month. It further comes out that since certain amount of installment was not paid, as such, as per allegations of the FIR ,Truck No. U.P. 44/T/0427 was forcefully taken away by certain unknown persons on the direction of the petitioner and the petitioner having been approached by the opposite party no. 4 admitted that the truck has been taken away on his direction and there is every likelihood that the same be re-sold.
It seems to be a dispute with respect to non-payment of installments of the loan amount taken for purchase of the truck and the same was hypotheticated in the name of company. The truck has been pulled by the company on 05.05.2009.I In the said circumstances, we direct that opposite party no. 4 shall continue to pay the installments due towards him within one month from today, including clearance of the arrears till the entire loan amount of the truck is liquidated, and shall continue paying the installments as and when the same fall due and he shall give an undertaking to the company that he will continue the paying of the installments regularly. The petitioner is directed to return the truck in question to the opposite party no. 4 as and when he deposits the first installment within one month from today as directed above.
Although the FIR discloses commission of cognizable offence and cannot be quashed, but in the peculiar circumstance of the case, we direct that the petitioner shall not be arrested in the aforesaid case crime number. Investigation shall go on and the petitioner shall cooperate with the same.
With the aforesaid observations/directions, the writ petition stands finally disposed of.
Order Date :- 7.1.2010 Chauhan/-