Petitioner sought quashing of FIR based on civil dispute nature. Court declined quashing but directed investigation to proceed without arrest until police report submission under Cr.P.C.
Petitioner not to be arrested till submission of police report under Section 173(2) Cr.P.C while investigation proceeds.
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Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11116 of 2019
Petitioner :- Vimal Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samit Gopal Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Samit Gopal learned counsel for the petitioner and the learned A.G.A.
This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 17.03.2019 registered as Case Crime No.0049 of 2019 under sections 419, 420 & 506 I.P.C. PS. Pipri, District Sonbhadra.
It is submitted by learned counsel for the petitioner that on the allegation made in the First Information Report, dispute, if any, is relating to demand of Rs.12,20,000/which is civil in nature, criminality is deliberately assigned for ulterior motive, FIR is liable to be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full cooperation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 29.4.2019 Rk
2 issues framed by the court
Whether the FIR disclosing a dispute of civil nature over Rs.12,20,000 warrants quashing to prevent ulterior criminal motive.
Whether investigation should proceed while granting protection from arrest pending police report submission.
1 provisions across 1 enactments
Vimal Pandey
State Of U.P.
Pankaj Naqvi
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
