Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16078 of 2019 Petitioner :- Rajeev Kumar @ Pinku And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vindeshwari Prasad,Praveen Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Vindeshwari Prasad, learned counsel for the petitioners and Sri Om Prakash Mishra, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 22.05.2019 registered as case crime no. 227 of 2019 under sections 420, 406, 452, 467, 468, 323, 504 and 506 I.P.C., police station Link Road, District Ghaziabad.
Learned counsel for the petitioners submits that respondent no. 3 has taken a loan of Rs.8,10,000/- from the petitioner no.1 and he could not repay the same and later on, he issued two cheques in favour of the respondent no.3, which got bounced and, thereafter proceedings under Section 138 N.I. Act were initiated against him and by way of counter-blast, the present case has been initiated by the respondent no.3 against the accused petitioners, which is a false case.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of. (Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I,J.) Order Date :- 10.6.2019 A. Mandhani