Partly allowed

Vishnu Bhagwan Proprietor Trade Link v. State of U.P. and 2 Others

Allahabad HC12 Oct 2020CRLP/7410/2020

Case brief

AI extract

What is this about?

In a writ petition seeking to quash an FIR under Section 409 IPC and prevent arrest, the court found an offence made out, refusing the quashing prayer. However, the court directed that the petitioner shall not be arrested during investigation until the submission of the police report under Section 173(2) Cr.P.C., conditioned on cooperation.

What did the court decide?

Petitioner shall not be arrested till submission of police report under Section 173(2) Cr.P.C. subject to his cooperation during investigation.

Vishnu Bhagwan Proprietor Trade Link Vs State of U.P. and… — Quashing and FIR | Allahabad HC (2020)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 7410 of 2020

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Petitioner :- Vishnu Bhagwan Proprietor Trade Link Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Rai Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Vivek Agarwal,J.

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Heard Sri Rajeev Kumar Rai, learned counsel for the petitioner and the learned A.G.A.

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This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 28.02.2017 registered as Case Crime No.242 of 2017, under Section 409 IPC, Police Station-Sector 20 NOIDA, District-Gautam Budh Nagar.

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Learned counsel for the petitioner submits that an amount to the tune of Rs.11,25,190/- was transferred in the PNB Bank account of petitioner in respect of which a recovery suit has already been filed by the informant, coupled with the fact that earlier on 20.09.2014, the informant gave a No Dues Certificate to the petitioner, yet concealing all these facts, the impugned FIR has been lodged on false / vexatious / mischievous allegations for ulterior motives, no offence is made out, FIR be quashed.

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

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After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioner. Therefore, the prayer for quashing the FIR is refused.

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However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but 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 his cooperation during investigation.

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The party shall file a computer generated copy of this

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order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card).

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 12.10.2020 Ashutosh

Vishnu Bhagwan Proprietor Trade Link v. State of U.P. and 2 Others

Case brief

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Vishnu Bhagwan Proprietor Trade Link v. State of U.P. and 2 Others

Case brief

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