Allahabad High Court
Mohan Lal @ Mohanlal Gupta (In F.I.R.) vs State Of U.P. Thru Secy. Home Lucknow And ... on 13 July, 2022
Bench: Ramesh Sinha, Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- CRIMINAL MISC. WRIT PETITION No. - 4783 of 2022 Petitioner :- Mohan Lal @ Mohanlal Gupta (In F.I.R.) Respondent :- State Of U.P. Thru Secy. Home Lucknow And Ors. Counsel for Petitioner :- Abhishek Pandey Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J.
Hon'ble Mrs. Saroj Yadav,J.
Heard Mr. Abhishek Pandey, learned counsel for the petitioner, Mr. Pawan Mishra, Learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner for following relief:-
"i. Issue a writ, order or direction in the nature of Certiorari, quashing the impugned FIR datead 18.06.2022 in FIR No.0290 of 2022, under Sections 406, 420, 504, 507 of I.P.C. P.S. Purakalander, District Ayodhya."
Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has falsely been implicated in the present case. He further submitted that petitioner is the retail seller of the complainant's product and on 23.12.2021 the petitioner had purchased their products amounting to Rs.4,18,200/- and in respect thereof he gave three blank cheques to the complainant. He further submitted that petitioner had only purchased goods for Rs.4,18,200/- which had to be paid by selling the goods and petitioner is also ready to pay the complainant's outstanding amount by selling the goods.
Learned counsel for the petitioner submitted that the allegations made against the petitioners are baseless, false and absolutely incorrect. He further submitted that impugned FIR has been lodged by respondent No.4 making false and frivolous allegations just for harassment of the petitioner with oblique motive, hence the present FIR is liable to be quashed.
Matter requires consideration.
Learned A.G.A. has accepted notice on behalf of the opposite party No. 1 to 3.
Issue notice to the opposite party No.4.
Steps be taken within a week.
List thereafter.
Till the next date of listing or till submission of police report under Section 173 (2) Cr.P.C. whichever is earlier, the petitioner- Mohan Lal @ Mohanlal Gupta shall not be arrested in pursuance of the impugned F.I.R. dated 18.06.2022 bearing F.I.R. No.0290 of 2022, U/s 406, 420, 504, 507 of I.P.C. P.S. Purakalander, District Ayodhya.
(Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 13.7.2022 A.K. Singh