Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20372 of 2018 Petitioner :- Ramesh Kumar Pandey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narsingh Pandey Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Sri Ravindra Prakash Srivastava has filed vakalatnama on behalf of respondent no. 3 which is taken on record.
Heard Sri Narsingh Pandey, learned counsel for the petitioners, Sri R.P. Srivastava, learned counsel for the respondent no. 3, Sri A.R. Chaurasia, 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 petitioners with a prayer to quash the F.I.R. dated 6.5.2018 registered as case crime no. 93 of 2018 under sections 419, 420, 504, 506 I.P.C., police station Rudhauli, District Basti.
Learned counsel for the petitioners submits that there is some dispute between the parties with respect to dishonour of cheque on account of which the petitioner has been falsely implicated in the present case, hence the present F.I.R. is liable to be quashed by this Court.
Learned counsel for the respondent no. 3 and learned A.G.A. opposed the prayer for quashing and submitted that the petitioner has failed to demonstrate before this Court that if the cheque was issued then when it was encashed.
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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 Shiraz