Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1452 of 2019 Petitioner :- Vivek Dikshit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashok Kumar Dubey Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Ashok Kumar Dubey for the petitioner and AGA for State.
The writ petition has been filed for quashing the FIR dated 25.10.2018 registered as Case Crime No. 0895 of 2018, under Sections 384 and 506 of IPC, P.S. Sadar Bazar, Distt. Shahjahanpur.
In substance of FIR the allegation has been made that the informant, who was working as Development Officer has to receive certain dues due to revision of his salary. Although the dues has been sanctioned and sent to regional office on 13.5.2016 but when he contacted Sri Vivek Dikshit, who was posted as Regional Manager on 15.5.2016 then 30% commission was asked from him and he was also insisted to sign some blank paper.
The counsel for the petitioner submits that there is no direct allegation against the petitioner nor at present anything of the informant is due. Entire payment after retirement of the informant was made on 5.6.2018 and the FIR was lodged on 25.10.2018. For the offence under Section 384 IPC delivery of written paper or valuable security were necessary which was not done in the present case according to FIR version itself.
We have considered the arguments of the counsel for the parties.
A perusal of the FIR indicates that it discloses the cognizable offence as such it is not liable to be quashed at this stage.
However, considering the submissions advanced by the counsel for the parties and nature of the allegations it is directed that the petitioner shall not be arrested in pursuance of the FIR dated 25.10.2018 registered as Case Crime No. 0895 of 2018, under Sections 384 and 506 of IPC, P.S. Sadar Bazar, Distt. Shahjahanpur, till submission of police report under Section 173 (2) Cr P C. The writ petition is disposed of.
Order Date :- 21.1.2019 Rahul Dwivedi/-