Petitioner challenged a criminal FIR alleging cheating and forgery under criminal conspiracy. The High Court found prima facie offences and refused to quash, but directed non-arrest until the police report.
Writ petition discharged; FIR not quashed; petitioner not to be arrested till police report is submitted under Section 173(2) Cr.P.C.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26039 of 2019
Petitioner :- Chandra Dev Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lakshmi Kant Mishra,Rakesh Pande (Senior Adv.) Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard the learned counsel for the petitioner and the learned A.G.A. for the State.
By means of the present writ petition, the petitioner has invoked extraordinary jurisdiction of this Court with a prayer to quash the FIR dated 29.11.2019 registered as Case Crime No.1043 of 2019, under Sections 419,420,467,468,471 IPC, P.S. Colonalganj, District Prayagraj.
Learned counsel for the petitioner submitted that the impugned first information report has been lodged by the respondent no.5 containing absolutely false and concocted allegations against the petitioner with the ulterior intention of harassing him. He further submitted that apart from the bald allegations made in the impugned F.I.R. no evidence is forthcoming even prima facie indicating at the complicity of the petitioner in the commission of the alleged crime and hence the impugned F.I.R. is liable to be quashed.
Per contra learned A.G.A. contended that the allegations made in the first information report cannot be aborted at this stage. The petitioner will have sufficient opportunity to rebut the allegations.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner, therefore, we do not find any cogent reason to quash the first information report. The prayer for quashing the first information report is refused.
However, in the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, it is directed that the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that he shall cooperate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 20.12.2019 M. Tariq
1 issue framed by the court
Whether the First Information Report lodged under cheating and forgery charges warrants quashing as prima facie no cognizable offence is made out.
2 provisions across 2 enactments
Chandra Dev Pandey
State Of U.P.
Naheed Ara Moonis
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
