Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 31339 of 2018 Petitioner :- Sameer Uberoi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Tandon Counsel for Respondent :- G.A.,Mohammad Asif
Hon'ble Bala Krishna Narayana,J. Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This writ petition has been filed by the petitioner with a prayer to quash the impugned F.I.R. dated 23.10.2018 registered as Case Crime No. 198 of 2018, under sections 420, 467, 468, 419, 452, 323, 504 IPC, PS Swaroop Nagar, District Kanpur Nagar.
It has been submitted by the learned counsel for the petitioner that the dispute between the parties, who are real brothers, is primarily of civil in nature. It is further submitted that eight civil suits are pending between the parties.
Per contra, learned A.G.A. submitted that the impugned F.I.R. is not liable to be quashed on the basis of the submissions advanced by learned counsel for the petitioner.
From the perusal of the impugned F.I.R., it appears that on the basis of the allegations made therein prima-facie cognizable offence is made out. There is no scope of interfering in the F.I.R, therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions made by learned counsel for the petitioner and the nature of the allegations made in the F.I.R., it is directed that till submission of police report under Section 173(2) Cr.P.C., the petitioner shall not be arrested in the aforesaid case subject to his extending full cooperation during investigation.
It is made clear that the petitioner shall not be allowed to leave this country without permission of the Chief Metropolitan Magistrate, Kanpur Nagar and he shall also surrender his pass-port within a period of two weeks from today before the Chief Metropolitan Magistrate, Kanpur Nagar.
With the aforesaid direction, this writ petition is finally disposed of.
Order Date :- 31.10.2018 Sazia