Dipen Kariya @ Dipen Kantulal Karia v. State of U.P. and 2 Others
Case brief
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Dipen Kariya @ Dipen Kantulal Karia v. State of U.P. & 2 Others, Criminal Misc. Writ Petition No. 2065 of 2020, decided 7.2.2020 (bench: Pankaj Mithal, J. and Pradeep Kumar Srivastava, J.). FIR dated 15.12.2019 (Case Crime No. 0070 of 2019) under Sections 409, 419, 420, 467, 468, 471, 504 & 506 IPC, P.S. Ramgarh, Gorakhpur, lodged by respondent No.3 over non-payment of money in a business dispute. Petitioner contended allegations were civil in nature and FIR was lodged to exert pressure. Court held the allegations, though of a commercial nature, disclose a cognizable offence; FIR not quashed. Petition disposed of with no-arrest protection till Section 173 Cr.P.C. report, subject to cooperation with investigation, to be completed preferably within three months. Keywords: quashing of FIR, commercial dispute, cognizable offence, interim protection from arrest, Section 173 Cr.P.C.