Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37584 of 2018
Petitioner :- Sunil Kumar Verma
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suresh Dhar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Suresh Dhar Dwivedi, learned counsel for the petitioner and learned A. G. A. for the State.
This writ petition has been filed by petitioner to quash the F.I.R. dated 05.12.2018 registered as Case Crime No. 728 of 2018, under Sections 406, 420, 467, 468 and 471 I.P.C., Police Station - Jalalabad, District- Shahjahanpur.
In the F.I.R. in substance the allegation has been made that petitioner was given license to open the customer care centre of State Bank of India and by misusing of his position he has withdrawn the amount from the accounts of various customers.
Learned counsel for the petitioner contended that present case has been filed with a mala fide intention for the purposes of harassment. He further contended that the entire allegations made against the petitioner are false and fabricated.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the petitioner. It discloses cognizable offence as such it is not liable to be quashed.
However, it is directed that in case the petitioner appears and surrenders before the court below and applies for bail, his prayer for bail shall be considered and decided expeditiously, preferably on the same day in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
With the above directions, this writ petition is disposed of finally.
Order Date :- 21.12.2018 Sharad/-