Allahabad High Court
Sachin Talwar vs State Of U.P. And 3 Others on 16 June, 2020
Bench: Sunita Agarwal, Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- CRIMINAL MISC. WRIT PETITION No. - 5426 of 2020 Petitioner :- Sachin Talwar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Tiwari,Rajeev Tiwari Counsel for Respondent :- G.A. Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the petitioner and learned AGA for the State-respondents and perused the material placed on record.
2. By means of the present petition, the petitioner seeks quashing of the FIR dated 15.02.2019 registered as Case Crime No.93 of 2019, under Sections-403, 471, 468, 467, 409, 406, 420, 419 IPC, P.S.-Line Bazar, District-Jaunpur.
3. The submission of learned counsel for the petitioner is that the petitioner has been falsely implicated for the allegation of cheating. He had delivered the vehicle in question to the purchaser at the relevant time.
4. Petitioner is a dealer of Honda two wheeler vehicles. He is running his agency in the name of M/S Hans Honda Pvt Ltd., Varanasi. The first informant is a financer who had extended loan to the purchaser namely Mr Ajay Kumar Pandey. The purchaser of the vehicle had even paid the monthly installment (EMI) against the loan extended by the first informant. The name of the petitioner has been included on allegation of forgery and cheating merely on the false statement of the purchaser that vehicle was not delivered to him. Such allegation against the petitioner has emerged in the context of default committed by purchaser.
5. Considering the fact that the purchaser of the vehicle in question has denied allegation of transfer of vehicle but had paid EMI and further in the entirety of the facts and circumstances of the case, though the prayer to quash the first information report is declined as any interference at this stage may impede the process of a fair and speedy investigation but it is provided that the petitioner shall not be arrested till submission of police report under Section 173(2) Cr.P.C. He shall, however, remain under an obligation to cooperate in the investigation and shall not make any effort to influence any of the witnesses or tamper any evidence.
6. The writ petition is, accordingly, disposed of.
Order Date :- 16.6.2020 Shubham