Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 37645 of 2018 Petitioner :- Rahul Jaiswal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pulak Ganguly,Rajiv Chowdhury Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Rajendra Kumar-IV,J.
Heard Shri Pulak Ganguly, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed by the petitioners to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 08.12.2018 registered as Case Crime No. 472 of 2018, under sections 419, 467, 420, 471 I.P.C, P.S. Kotwali, District Allahabad.
Sri Pulak Ganguli, learned counsel for the petitioners on instructions states that petitioners are ready and willing to deposit the entire outstanding amount of Rs. 8,72,458 /- in respect of the vehicle in question before respondent no.4. If that be so, it would be open for respondent no.4 to either accept the amount in question without prejudice to his rights and contentions.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation but subject to deposit of the aforesaid amount before respondent no.4 within six weeks failing which the interim protection granted shall automatically stand vacated.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 21.12.2018 Ashok Gupta