Allahabad High Court
Mohammad Naved vs State Of U.P. And 3 Others on 5 November, 2020
Bench: Pankaj Naqvi, Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 11662 of 2020 Petitioner :- Mohammad Naved Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Bhardwaj Counsel for Respondent :- G.A.,Salman Ahmad,Saqib Meezan Hon'ble Pankaj Naqvi,J.
Hon'ble Vivek Agarwal,J.
Heard Sri Pramod Bhardwaj, learned counsel for the petitioner and learned AGA.
Petitioner has filed this petition seeking quashing of FIR dated 05.07.2020 registered as Case Crime No. 275 of 2020 under Sections 420, 467, 468, 471, 406, 506 IPC at Police Station-Civil Lines, District-Aligarh on the ground that a plain business transaction has been given a color of criminal case so to bring undue pressure on the petitioner.
Learned counsel for respondent no. 4, in his turn, submits that petitioner is in habit of duping various traders of rice. Petitioner has represented himself to be an authorised agent of 'Myshel General Trading - F.Z.E. General Trading Import and Export', but on inquiry, it is found that petitioner has misrepresented himself with a view to dupe the informant by coercing them to supply rice and committed offence of criminal breach of trust besides other offences.
Learned counsel for the petitioner, on the other hand, submits that his client is willing to cooperate with the investigation and shall appear before the Investigating Officer as and when required by the Investigating Officer. Learned counsel has furnished mobile number of the petitioner as +919761100432, to show his bonafide that as and when Investigating Officer shall call him, giving reasonable notice of 48 hours, as petitioner is stationed at Dehradun, he shall appear before the Investigating Officer and shall cooperate with the Investigating Officer. It is submitted that petitioner is ready and willing to settle the dues, if any, and no useful purpose is going to be served, if petitioner is arrested. It is also submitted that respondent no. 4, has a remedy under Section 138 of the Negotiable Instruments Act, 1881, in case of dishonor of cheques.
In view of such facts and circumstances, it is directed that since petitioner has given an undertaking to cooperate with the Investigating Officer in the investigation and appear before the Investigating Officer as and when required, upon service of notice, either through whatsapp or in person, giving him 48 hours window to approach the Investigating Officer, it will be appropriate to extend the benefit under under Section 173(2) Cr.P.C, but prayer for quashing the FIR is refused.
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.
The party shall file a computer generated copy of this 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).
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.
Order Date :- 5.11.2020 Vikram/-