Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 10340 of 2018 Petitioner :- Shahid @Guddu Platar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri D.K. Srivastava, learned counsel for the petitioner, Sri G.P. Singh, 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 30.6.2017, registered as Case Crime No.1206 of 2017, u/s 420, 406, 506 IPC and 138 N.I. Act, P.S. Ram Chandra Mission, district Shahjahanpur.
Learned counsel for the petitioner submits that at the most case is of bouncing the cheque in question. The present FIR has been registered against the petitioner under the Penal offences just to give serious colour to the offence, hence present FIR lodged against the petitioner be quashed.
Learned A.G.A. opposed the prayer for quashing but could not dispute the aforesaid fact as argued by learned counsel for the petitioner.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner 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.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.4.2018 Gaurav