Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2004 of 2019 Petitioner :- Zaheer Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Manish Joshi Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the State-respondents; and perused the record.
The instant petition seeks quashing of the FIR dated 11.10.2018 registered as Case Crime No.313 of 2018, under Sections 420, 504 and 506 I.P.C., Police Station Mainather, District Moradabad.
The allegation in the FIR is to the effect that the accused firm had placed supply order on the informant's firm. On the basis of the order, brass products worth Rs.25 lacs were supplied against an advance payment of Rs.50,000/-. But the remaining amount of Rs.24.50 lacs, which was to be paid on supply, was not paid and when the amount was demanded, the accused (Siraj) assured that the same would be paid within two months, but the same was not paid, instead, the informant was threatened.
It has been submitted that the allegations in the FIR are primarily against co-accused Siraj and, otherwise also, other accused persons, who approached this Court by filing Criminal Misc. Writ Petition No.1366 of 2019, have been granted protection by order dated 21.01.2019, which provides that investigation may continue but till submission of police report under Section 173 (2) Cr.P.C. or till receipt of credible information/evidence against them, they shall not be arrested.
Upon perusal of the FIR and the nature of allegations made therein, we are of the view that it cannot be said that no cognizable offence is disclosed by the FIR. Therefore, the prayer to quash the FIR cannot be accepted.
However, looking to the facts of the case as also the order passed by this Court dated 21.01.2019 in Criminal Misc. Writ Petition No.1366 of 2019, we deem it appropriate to dispose off this petition by observing that investigation shall continue and brought to its logical conclusion but the petitioner shall not be arrested unless receipt of credible information/evidence against him or till submission of police report under Section 173 (2) Cr.P.C., whichever is earlier, subject to petitioner's co-operation in the investigation, in the aforesaid case.
The petition stands disposed off. Order Date :- 28.1.2019 Ajeet