Single bench considered a criminal writ petition seeking quashing of an FIR under cheating and forgery sections. Court held the FIR discloses a cognizable offence and refused quashing. Petitioner may deposit outstanding amount and seek bail.
FIR not quashed; petitioner permitted to deposit outstanding amount and seek bail thereafter.
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Court No. - 29
Case :- CRIMINAL MISC. WRIT PETITION No. - 1383 of 2020
Petitioner :- Kamla Chauhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aradhana Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Smt. Aradhana Singh, learned counsel for the petitioner and learned A.G.A. for respondent nos.1, 2 and 3.
The petitioner has preferred this petition for the quashing of the First Information Report dated 24.05.2017 registered as Case Crime No.596 of 2017, under Sections 419, 420, 467, 468, 469, 470, 471 and 406 I.P.C., Police Station- Sikrara, District Jaunpur.
The submission of the learned counsel for the petitioner is that the petitioner is not involved in fabricating any false documents for the purposes of procuring loan and that he is ready and willing to pay the entire outstanding amount within a reasonable time.
We have perused the allegations made in the F.I.R. and find that the petitioner and several other persons on the basis of false revenue documents have obtain loan from the Bank and have defaulted in repayment.
The F.I.R. discloses a cognizable offence and as such, the F.I.R. cannot be quashed in exercise of our extraordinary jurisdiction.
In case, petitioner deposits the entire amount outstanding and surrenders or is arrested his bail/ anticipatory bail if any shall be considered most expeditiously in accordance with law.
The writ petition is disposed of .
Order Date :- 28.1.2020 Radhika
1 issue framed by the court
Whether the First Information Report alleging forgery and cheating should be quashed under Article 226 of the Constitution.
Kamla Chauhan
State Of U.P.
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
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