Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16464 of 2019 Petitioner :- Sandhaya Yadav And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Fakhruzzaman Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Fakhruzzaman, learned counsel for the petitioners, Sri Abhijeet Mukherjee, 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 with the prayer to quash the F.I.R. dated 15.12.2018, registered as Case Crime No.534 of 2018, u/s 406, 420, 354, 323, 506 IPC, P.S. Sipri Bazar, districts Jhansi.
Learned counsel for the petitioners submits that there was some dispute between the parties with respect to cheque which was issued by respondent no.3 in favour of petitioners on account of which present FIR has been registered against the petitioners. He further submits that the petitioner had also filed a complaint under Section 138 of N.I. Act against the respondent no.3. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing of the FIR.
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 shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Vivek Varma, J.) (Ramesh Sinha, J.) Order Date :- 13.6.2019 Gaurav