Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25937 of 2019 Petitioner :- Prakash Narayan Bhittoria Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Singh Counsel for Respondent :- G.A.,Tarun Jha
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1, 2 and 3; Sri Tarun Jha for the respondent no.4; and perused the record.
The instant petition seeks quashing of the first information report dated 1st December, 2019 registered as Case Crime No.01769 of 2019, under Sections 406 and 420 IPC at Police Station Kotwali Orai, District Jalaun.
The allegation in the impugned first information report is to the effect that the informant got a loan sanctioned from the bank but part amount was not paid on false ground that cash is less in the bank and when the informant demanded the money, he was required to get more borrowers so the balance money could be paid to the informant by earning commission. The petitioner is the bank manager and it is alleged that the talks between the informant and the petitioner have been recorded and can be produced.
The contention of learned counsel for the petitioner is that the allegations are false. The fact is that the informant had taken loan by making false disclosure and therefore to preempt any action false allegations have been levelled.
As all the aforesaid aspects are factual in nature and the same would have to be determined on the basis of material collected during the course of investigation, on the grounds taken, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 20.12.2019. Rks.