Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2314 of 2019 Petitioner :- Shamim And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Haya Rizvi,Ali Safdar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 11.01.2019 registered as Case Crime No.0024 of 2019, under Sections 420, 406, 120-B, 504, 506 IPC, P.S.
Kairana, District Shamli.
The allegation in the first information report is that the informant as well as several other persons were duped to make cash advance to the accused (petitioners) for the purpose of securing loan to them under Pradhanmantri Rojgar Yojana.
The contention of the learned counsel for the petitioners is that it is not disclosed as to why the informant would approach the petitioners for such loan and, otherwise also, there is no documentary evidence to show that any money was taken by the petitioners. It has been contended that there is pending litigation between the grand father of the respondent no.4 and the petitioners for last several years, therefore, false allegations have been levelled.
Be that as it may, it is well settled that, at this stage, the defence of the accused is not to be considered, therefore, the prayer of the petitioners to quash the first information report cannot be accepted, at this stage.
However, looking to the facts of the case, this petition is disposed off by providing that the investigation of the case shall continue and brought to its logical conclusion but the petitioners shall not be arrested till submission of police report under Section 173(2) Cr.P.C., subject to their cooperation in the investigation Order Date :- 31.1.2019 AKShukla/-