Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31277 of 2018 Petitioner :- Nishabh Kumar Srivastava Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A Kumar Srivastava,Manish Kumar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap 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. dated 16.10.2018 registered as Case Crime No. 0479 of 2018 under Sections 419, 420, 467, 468, 409 I.P.C.. P.S. Cholapur, District Varanasi.
It has been submitted by the learned counsel for the petitioner that the allegations made in the impugned F.I.R., regarding commission of offences under Sections 419, 420, 467, 468, 409 I.P.C, have been made against the Gram Pradhan, Amarjeet Yadav.
As far as the petitioner is concerned, he has been nominated as accused only on account of his being the Branch Manager of the Bank, where the joint account of the village Pradhan and Secretary of the Gram Panchayat Raj Adhikari exists. He next submitted that apart from bald allegations made in the F.I.R., no evidence whatsoever is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of alleged crime, and hence the impugned F.I.R., which is a product of malice and bundle of lies, 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 submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 31.10.2018 Md Faisal