Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4941 of 2019 Petitioner :- Pradeep Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vatsala Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
IN RE- CRIMINAL MISC AMENDMENT APPLICATION NO. NIL OF 2019 Pursuant to our order dated 22.2.2019, the office has submitted a report that no other writ petition has been filed in respect of Case Crime No. 481 of 2018, Under Sections 420, 406, 506 IPC at P.S. Kalan, District Shahjahanpur.
Learned counsel for the petitioners has filed an amendment application today seeking amendment in the prayer as well as in other paragraphs of the writ petition, so that in place of District Haryana, it be recorded as District Shahjahanpur.
The amendment application is allowed. In place of District Haryana, it shall be recorded as District Shahjahanpur.
Necessary amendment be carried out during course of the day.
Order Date :- 26.2.2019 RavindraKSingh
Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4941 of 2019 Petitioner :- Pradeep Gupta And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vatsala Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners, learned AGA for the State- respondents and perused the record.
Instant writ petition seeks quashing of the FIR dated 27.12.2018, registered as Case Crime No. 481 of 2018, Under Sections 420, 406, 506 IPC at P.S. Kalan, District Shahjahanpur.
Allegation made in the FIR is to the effect that petitioners who are owners of the Rice Mill did not pay the consideration for the goods supplied by the firm of informant and when the informant demanded the money, he was threatened.
Contention of learned counsel for the petitioners is that, admittedly, part payment of the consideration, for the goods supplied, has been made and, therefore, it is basically a civil dispute, which has been given colour of the criminal case.
Learned AGA has submitted that there are allegations as regards extending of threats also and, therefore, it cannot be said that the FIR discloses no offence.
Be that as it may, as the allegations are comprehensive, at this stage, when the matter is under investigation, it cannot be said that the FIR discloses commission of no offence. Therefore, the prayer of the petitioner to quash the FIR is not acceptable. However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this writ petition by providing that the investigation of the aforesaid case shall continue and be brought to its logical conclusion, but, subject to co-operation of the petitioners in the investigation, they shall not be arrested in the above noted case till submission of police report under Section 173 (2) Cr.P.C.
The writ petition stands disposed off.
Order Date :- 26.2.2019 RavindraKSingh