Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25748 of 2019 Petitioner :- Rakesh Singh Yadav And 3 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ray Sahab Yadav Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Sri Nihar Ranjan Singh files his Vakalatnama on behalf of the informant. The same is taken on record.
Heard Sri Ray Sahab Yadav, learned counsel for the petitioners, Sri Nihar Ranjan Singh, learned counsel for the informant and the learned AGA for the State.
This petition has been filed seeking quashing for the FIR dated 21.11.2019 registered as Case Crime No.0566 of 2019, under Sections 420, 406, 452, 147, 387, 504, 506 IPC, Police Station Sipri, District Jhansi with a further prayer not to arrest the petitioner in pursuance of the said FIR.
The allegation in the FIR is that petitioners have taken Rs. 29,50,000/- from the informant on the assurance to provide him government job.
Learned counsel for the petitioners submitted that from the statement of bank account of petitioner no.1 and 2 it is evident that a sum of Rs.41,00,000/- had been transferred to the account of the informant for which the informant had issued cheques in favour of the petitioners no.1 & 2.
Per Contra, learned AGA has submitted that from the perusal of the allegations made in 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.
Having heard the submissions advanced by learned counsel for the parties and perused the impugned first information report as well as the other material brought on record, we are not inclined to quash the impugned F.I.R.
However, considering the peculiar facts and circumstances of the case and the submissions advanced by learned counsel for the parties, we dispose of this writ petition with the direction that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173 (2) Cr.P.C. However, petitioners shall participate and co-operate with the investigation and police authorities shall conclude the investigation within three months from the date of production of a certified copy of this order.
Order Date :- 18.12.2019 N Tiwari