Court No. - 20 Case :- MISC. BENCH No. - 7088 of 2010 Petitioner :- Sunil Das S/O Late Narain Das & Ors. Respondent :- State Of U.P. Thru Secretary Home & Ors. Petitioner Counsel :- Krishna Mohan Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State as
well as perused the record.
This Writ Petition under Article 226 of the Constitution of India has been
filed by the petitioners for quashing the impugned First Information Report
dated 27.9.2009 lodged by the Opposite Party No. 3 at Crime No. 44/2010,
under Sections 417/419/420/467/468/471/406/504/506A/120-B IPC registered
at Police Station Gomti Nagar, District Lucknow and also for direction to the
opposite parties not to arrest them in pursuance of the said impugned First
Information Report.
The submission of learned counsel for the petitioner is that as per version of
the First Information Report, the complainant has purchased a chassis from
the Opposite Party No. 2 which later on was discovered as chassis of truck.
Learned counsel submits that the complainant took the chassis she got the
body of the bus manufactured and thereafter she attached her bus with the
U.P.S.R.T.C. which has run more than 1 lakh kilometer. Thereafter she
complained that it was a chassis of a truck. The petitioner no. 2 is the Director
of Motor and General Sales Limited, 11, Mahatma Gandhi Marg, Lucknow.
Petitioner No. 5 is the agent and rest of the petitioners are employees of the
petitioner no. 2. The complainant had already filed a petition before the
Consumer Forum which has been dismissed by the Forum. Thereafter, the
complainant just to pressurize the petitioners lodged the impugned First
Information Report with the false allegations. The petitioners, therefore,
deserve protection during the investigation.
Learned A.G.A. opposed the petition.
Considered the submissions of learned counsel for the petitioners and learned
A.G.A.
Keeping in view the totality of the facts and circumstances of the case as well
as the fact that the petition filed by the complainant before the Consumer
Form has been dismissed by the Forum, the writ petition is finally disposed of
with the observation that the petitioners will not be arrested by the
Investigation Officer till he collects credible and reliable evidence against the
petitioners, subject to their full cooperation in the investigation which will go
on.
Order Date :- 28.7.2010
Santosh/-