Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22148 of 2019 Petitioner :- M/S S.T Electricals Pvt Ltd And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pankaj Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Rakesh Pandey assisted by Sri Pankaj Srivastava, learned counsel for the petitioners and learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 3.7.2019, registered as Case Crime No.0625/2019, under Sections 419/420/409 IPC, P.S. Cantt, Gorakhpur.
It is submitted by learned counsel for the petitioners that assuming all the allegations to be true, no offence, especially, under Section 409 IPC is made out, as the petitioners are private parties, dispute, if any, is civil in nature, as the same relates to depth of underground cable, payments have not been made to the petitioners, criminality is deliberately assigned for ulterior motives, strongly deprecated by the Apex Court in Indian Oil Corporation vs. NEPC India Litd and others 2006 (6) SCC 736, no offences are made out, FIR be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused. However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioners shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to their cooperation during investigation.
With this direction, this petition is finally disposed of.
Order Date :- 30.9.2019 Chandra