Court No. - 25 Case :- MISC. BENCH No. - 5998 of 2010 Petitioner :- Nitin Keshav Ji Respondent :- State Of U.P.Through Secy. Home Lko.And Ors. Petitioner Counsel :- Ajeet Kumar Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Vedpal,J.
Heard learned counsel for the petitioner and the learned Additional
Government Advocate, who has accepted notices on behalf of opposite
parties No. 1 to 3.
Under challenge in the instant writ petition is FIR relating to Case Crime No.
528 of 2008, under Sections 406 & 420 IPC, police station Gomti Nagar,
District Lucknow.
We have gone through the contents of the FIR, which disclose commission of
cognizable offence, as such, the the same cannot be quashed.
Learned counsel for the petitioner submits that in the F.I.R. only Saurabh
Mohan, Managing Director of Tera Cap Company has been named saying that
complainant had deposited Rs.3 lac for which no interest at the rate of 8% is
being paid. It is said that the present petitioner happens to be one of the
Directors of the Company, who has no financial control over its affairs. It is
said that otherwise the offences are triable by the Magistrate and are not so
grave.
In view of the above facts and circumstances, we hereby direct that the
petitioner shall not be arrested in the aforesaid case crime number unless and
until credible and cogent evidence comes forward against him, provided he
cooperates with the investigation, which shall go on.
With the aforesaid observations/directions, the writ petition is finally
disposed of.
Order Date :- 23.6.2010
Pradeep/-