Court No. - 3
Case :- CRIMINAL MISC. WRIT PETITION No. - 37008 of 2018 Petitioner :- Nihal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Namit Srivastava Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Umesh Kumar,J.
Heard Sri Namit Srivastava, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the State-respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 24.9.2017 in respect of Case Crime No. 775 of 2017 for the offence under Sections 420, 467, 468, 471, 448, 120-B of I.P.C., P.S. Jagdishpura, District Allahabad.
Learned counsel for the petitioner submits that the dispute between him and respondent no. 4 is purely of civil nature but it has been given a criminal colour just to pressurize the petitioner. He submits that the brother of respondent no.4 has already filed a civil suit and when his application for injunction was dismissed, respondent no.4 filed an application under Section 156(3) of Cr.P.C. in which cognizance was taken by the court on 6.9.2017. He further submits that there is an inordinate delay in lodging the FIR. He submits that considering the nature of allegations, some protective order be given to the petitioner.
On the other hand, learned A.G.A. opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioner, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
Order Date :- 20.12.2018 RK