Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3117 of 2021 Petitioner :- Pawan Agarwal Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ram Tiwari Counsel for Respondent :- G.A.,Krishna Dutt Tiwari
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
We have heard Sri Ram Tiwari, learned counsel for the petitioner at length, learned A.G.A. for the State and learned counsel for Mukul Agrawal-respondent no. 3.
The petitioner faces trial of Case Crime No. 0242 of 2021 under Section 384 I.P.C., Police Station Civil Lines, District Moradabad in pursuance of the F.I.R. dated 20.3.2021.
Learned counsel for the petitioner submitted that the F.I.R. cannot be said to be disclosing cognizable offence.
The averments made in the petition and the F.I.R. go to show that there are several disputed questions of fact. Thus, we are convinced that no case for interference under Article 226 of the Constitution of India is made out. Further the principles laid down in the case of Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others, LL 2021 SC 211 and Skoda Auto Vlokswagen India Private Limited Vs. State of U.P., 2020 (0) SCC Online 958 will also not permit us to interfere in the case.
Hence, this petition is dismissed.
However, while dismissing the petition, we make it clear that the provisions of Section 41 would be adhered by the police authorities in this case also.
Order Date :- 11.5.2021 Ram Murti