Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24157 of 2019 Petitioner :- Vinay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Raj Pandey Counsel for Respondent :- G.A. Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner, learned A.G.A. for the respondent Nos. 1 &2 and perused the record.
The instant petition seeks quashing of the First Information Report dated 22.8.2019, registered as Case Crime No. 140 of 2019, under Sections 420, 406, 504, 506 I.P.C., Police Station- Balainee, District Baghpat.
The allegations in the First Information Report is to the effect that the petitioner is proprietor of a Sugar Mill, which has not paid dues of the sugar cane growers.
The contention of the learned counsel for the petitioner is that there is no dishonest intention in non payment of the dues because the firm suffered losses and is facing insolvency proceedings under Insolvency and Bankruptcy Code, 2016 which is pending before the National Law Tribunal, Allahabad.
Be that as it may, as the allegations are to the effect that there had been dishonest intention on the part of the mill owner, the matter would have to be investigated and, therefore, the prayer of the petitioner to quash the First Information Report cannot be accepted.
However, keeping in mind that insolvency proceedings are pending before the National Company Tribunal, Allahabad, we deem it appropriate to dispose off the petition by providing that investigation of the above 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. provided they cooperate in the investigation by making themselves available for interrogation as and when required by the investigation officer and shall not leave the country. If the petitioner fails to co-operate in the investigation the above protection would stand automatically discharged.
Order Date :- 26.11.2019/SY