Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 22139 of 2019 Petitioner :- Vinay Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lav Srivastava,Jai Prakash Singh,Vinod Prakash Srivastava (Senior Adv.) Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri V.P. Srivastava, the learned Senior Counsel assisted by Sri Lav Srivastava, for the petitioner and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 17.9.2019, registered as Case Crime No.207/2019, under Sections 406/468/467/420/419 IPC, P.S. Nagra, Ballia.
The learned Senior Counsel for the petitioner submits that petitioner is running a rice mill, as per allegation made in the FIR, 10900232.67 quintal paddy was supplied to the petitioner’s concerned, which is incorrect as only 690339 quintal paddy was received by the petitioners' concerned, an affidavit has been filed to this effect by Ajay Singh, Secretary of the Society concerned, the alleged inquiry report submitted on 29.8.2019 against the petitioner is based on misleading facts, no offences are made out, FIR be quashed.
Learned AGA has opposed the submission.
The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioner to seek for an anticipatory bail.
We deem it appropriate to dismiss this petition without prejudice to the right of the petitioner to apply for anticipatory bail.
The writ petition is dismissed.
It is made clear that we have not adjudicated the contentions raised which are left open for the petitioner to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 30.9.2019 Chandra