Court No. - 2
Case :- CRIMINAL MISC. WRIT PETITION No. - 16228 of 2019 Petitioner :- Rajeev Ratan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Birendra Kaushik,Chandra Kumar Rai Counsel for Respondent :- G.A.,Rajesh Pachauri
Hon'ble Dinesh Kumar Singh-I,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioner, 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 12.05.2019, F.I.R. No.0365 of 2019, under Sections 420, 406, 504 and 506 IPC, P.S. Highway, District Mathura.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and amount of Rs.5 lakh is stated to be due from the petitioner but the said amount has been paid to him in cash.
Sri V. Panth, Advocate holding brief for Sri Rajesh Pachauri, learned counsel for the respondent no. 4 has opposed the same and argued that no such payment has been made till date. Learned A.G.A. has also opposed the prayer for quashing of the first information report.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
However, in case the petitioner appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For the period of 30 days no coercive action shall be taken against the petitioner in the aforesaid case.
However, in case, the petitioner does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
(Pradeep Kumar Srivastava,J.) (Dinesh Kumar Singh-I,J.) Order Date :- 11.6.2019 Meenu