Petitioner sought quashing of an F.I.R. under sections 409 and 420 of IPC. Court held allegations disclosed a cognizable offence, refused quashing, and declined interim stay on arrest, directing petitioners to seek anticipatory bail.
Petition for quashing of F.I.R. dismissed; prayer for interim stay of arrest refused.
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Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 2304 of 2019
Petitioner :- M.K Modi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sujeet Kumar,Chhaya Gupta Counsel for Respondent :- G.A.,Ghazala Bano Quadri
Hon'ble Ramesh Sinha,J. Hon'ble Raj Beer Singh,J.
Heard Sri Sujeet Kumar, learned counsel for the petitioners, Sri Jai Narain, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 20.01.2019 registered as case crime no. 0096 of 2019, under sections 409 and 420 of IPC, police station Modi Nagar, District Ghaziabad.
Having scanned the allegations contained in the F.I.R. the Court is of the view that the allegations in the F.I.R. do disclose commission of cognizable offence and/therefore no ground is made out warranting interference by this Court. The prayer for quashing the same is refused.
The petitioner/s has also prayed for an interim order to stay the arrest during the course of investigation relating to the FIR that is sought to be quashed in this petition. In view of the judgment of Apex Court passed the case of State of Orissa vs. Madan Gopal Rungta reported in AIR 1952 SC 12 and Kala Bharti Advertising vs. Hemant Vimal Nath Narichania & ors. reported in 2010 (9) SCC 437 when we are not inclined to grant the main relief sought by the petitioner/s, it would not be appropriate to grant the ancillary relief. Beside that the petitioner, who is apprehending his arrest is having an efficacious remedy of filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) to have anticipatory bail.
The petitioner/s may avail such remedy if so advised. As there appears to be an interim order passed in this petition by Coordinate Bench of this Court on 9.5.2019 staying arrest of the petitioner/s, the same shall remain continue till 25th July, 2019, provided the petitioner/s move an application before the Court competent as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) on or
before 22nd July, 2019.
As far as the petitioner no. 2 Manish Kumar Modi is concerned, following order has been passed.
The learned counsel for the petitioners submits that petitioner/s has also prayed for an interim order to stay the arrest during the course of investigation relating to the FIR that is sought to be quashed in this petition. In view of the judgment of Apex Court passed the case of State of Orissa vs. Madan Gopal Rungta reported in AIR 1952 SC 12 and Kala Bharti Advertising vs. Hemant Vimal Nath Narichania & ors. reported in 2010 (9) SCC 437 when we are not inclined to grant the main relief sought by the petitioner/s, it would not be appropriate to grant the ancillary relief. Beside that the petitioner, who is apprehending his arrest is having an efficacious remedy of filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) to have anticipatory bail.
The petitioner/s may avail such remedy if so advised. As there appears to be an interim order passed in this petition by Coordinate Bench of this Court on 9.5.2019 staying arrest of the petitioner/s as the petitioner no.2 is out of country and he would be made available on 3rd week of August, 2019, provided the petitioner/s move an application before the Court competent as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) on or before 24.08.2019.
The petition for writ is disposed of accordingly.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 9.7.2019 A. Dewal
3 issues framed by the court
Whether the F.I.R. under sections 409 and 420 of IPC discloses commission of a cognizable offence warranting quashing.
Whether an interim order to stay arrest should be granted in absence of inclination to grant main relief.
Whether the petitioner has an efficacious remedy of filing an application for anticipatory bail.
Colour shows how this judgement treated each authority
State of Orissa vs. Madan Gopal RungtaReferred¶8
State of Orissa vs. Madan Gopal Rungta reported in AIR 1952 SC 12 · Who else cites this
Kala Bharti Advertising vs. Hemant Vimal Nath Narichania & ors.Referred¶8
Kala Bharti Advertising vs. Hemant Vimal Nath Narichania & ors. reported in 2010 (9) SCC 437 · Who else cites this
1 provisions across 1 enactments
M.K Modi And Another
State Of U.P. And 3 Others
Ramesh Sinha
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
