Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 34270 of 2018 Petitioner :- Ramchandra Singh And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Janardan Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Sanjay Kumar Singh,J.
Heard counsel for the petitioners and AGA for State.
The writ petition has been filed for quashing the FIR dated 11.9.2018 bearing Case Crime No. 0372 of 2018, under Section 419, 420, 467, 468, 471 IPC, P.S. Chauri Chaura, Distt. Gorakhpur.
A perusal of the FIR indicates that it discloses the cognigable offence as such it is not liable to be quashed at this stage.
However, the counsel for the petitioner states that the petitioners are marginal farmers and they have filed their genuine khatauni at the time of opening of the Account of Kisan Credit Card. The allegation that forged and fabricated papers were filed, is incorrect. If the papers have not been duly verified then it is a fault of the bank.
In the facts of the case, the writ petition is disposed of with direction that petitioners shall not be arrested in pursuance of FIR dated 11.9.2018 bearing Case Crime No. 372 of 2018, under Section 419, 420, 467, 468, 471 IPC, P.S. Chauri Chaura, Distt. Gorakhpur, till submission of police report under Section 173 (2) Cr P C.
Order Date :- 28.11.2018 Abhishek