Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 4633 of 2019 Petitioner :- Vinod Kumar Gupta @ Guddu Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepak Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Deepak Kumar Singh, learned counsel for the petitioner and Sri Amit Sinha, learned A.G.A. for the State- respondents.
This writ petition has been filed by the petitioner seeking quashment of FIR dated 12.11.2018 in respect of Crime No. 0745 of 2018 for the offence under Sections 436 and 427 I.P.C., P.S. Shivpur, District-Varanasi.
Learned counsel for the petitioner submits that his shop is adjacent to the shop of the complainant and on account of professional rivalry, present false report has been lodged. He submits that no one has seen the petitioner committing the offence and merely on the basis of bald statement made by some of the witnesses, petitioner has been falsely implicated.
On the other hand, State counsel opposes the petition.
Considering the facts and circumstances of the case and the nature of allegations levelled against the petitioner, we are not inclined to quash the criminal proceedings.
However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioner in respect of above stated crime number till the submission of charge sheet under Section 173(2) of Cr.P.C. before the court concerned.
It is made clear that this order would remain effective till the petitioner cooperates in the investigation.
Order Date :- 28.2.2019 SK/Mohit