Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7927 of 2018 Petitioner :- Rajesh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and Sri Vinod Kant learned Additional Advocate General assisted by learned A. G. A. for the State.
This writ petition has been filed by the petitioners with a prayer to quash the F. I. R. dated 01.3.2018 which has been registered as Case Crime No. 57 of 2018, under Sections-420, 467, 468, 471, 506 IPC, police station Kotwali, district Kanpur Nagar so far it relates to the petitioners.
It has been submitted by learned counsel for the petitioners that the petitioners are introducers for the purchase and sale of land for which bank loan was also applied for and sanctioned. It is contended that besides the fact that the petitioners have introduced the parties, there is no allegation against the petitioners, for which the petitioners have been falsely implicated in the present case. He further submitted that apart from the bald allegations made in the F.
I. R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence the impugned F. I. R. is liable to be quashed.
Per contra, learned A. G. A. submitted that from the perusal of 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.
From the perusal of the F.I.R. it appears that on the basis of the allegations made therein prima facie cognizable offence is made out hence, there is no scope for interfering with the impugned F. I. R.
Therefore, the prayer for quashing the impugned F. I. R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F. I. R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is disposed of finally.
Order Date :- 30.3.2018 faraz