Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 24526 of 2019 Petitioner :- Nitin Kumar Joshi Alias Nitin Joshi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Pal Singh Chauhan Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Rajendra Kumar-IV,J.
Heard Sri Jitendra Pal Singh Chauhan, learned counsel for the petitioner and Sri Yogeshwar Rai, learned A.G.A. appearing for the State and perused the record.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No.406 of 2019, under Sections 420, 467, 468, 471, 506, IPC, Police Station Najibabad, District Bijnor.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the complainant- respondent containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing the petitioner; that even if the prosecution story as set up in the FIR is belief to the true, there is only allegation is that the petitioner who is working in the Company as an accountant clerk had induced the first informant to invest the money in the Company with regard to which he has not getting the return; that further contention is that the dispute is purely of civil in nature; 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 alleged offence and hence the impugned F.I.R. which is a bundle of lies and motivated by malice, is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the allegations made in the impugned F. I. R., it cannot be said that no cognizable offence is made out, hence the impugned F.I.R. is not liable to be quashed.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioner shall not be arrested in the aforementioned case till submission of police report under Section 173(2) Cr.P.C. However, petitioner shall participate and co-operate with the investigation and police authorities shall conclude the investigation as early as possible from the date of production of certified copy of the order.
With the aforesaid observations, the instant writ petition is finally disposed of.
Order Date :- 28.11.2019 VKG