Mukesh Kumar Vs State of U.P. and 3 Others

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 2747 of 2019

Petitioner :- Mukesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Sahu,Ram Chandra Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Sri Ravi Sahu, learned counsel for the petitioner, Sri Ravish Kumar Singh, for respondent no.4, who filed his power today and the learned A.G.A.

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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 15.02.2018 registered as Case Crime No. 27 of 2018 under sections 419, 420, 467, 468, 471, 323, 504, 506, 409, 406, 452 I.P.C, P.S.-Balua, District-Chandauli.

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It is submitted by learned counsel for the petitioner that petitioner is the Branch Manager of the Bank, a dispute arose between the informant and the co-accused relating to the affairs of the educational institution, which is pending, allegations are malafidely motivated, criminality is deliberately assigned, coaccused have already been afforded limited protection by this Court in Cr. Misc. Writ Petition No.6445 of 2018 on 16.3.2018, same protection be extended to the present petitioner too.

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Per contra, the learned A.G.A opposed the submission.

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After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.

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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 co-operation during investigation.

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With the aforesaid direction, this petition is finally disposed of.

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Order Date :- 5.2.2019 Fhd.

Mukesh Kumar v. State of U.P. and 3 Others

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Mukesh Kumar v. State of U.P. and 3 Others

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