Peter Celestine Kachhap vs State Of U.P. And 3 Others
2018 Latest Caselaw 3768 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 31994 of 2018
 

 
Petitioner :- Peter Celestine Kachhap
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Arun Prakash
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Pankaj Naqvi,J.

Hon'ble Krishna Pratap Singh,J.

Supplementary affidavit filed annexing thereof with loan sanction in favour of the borrower, who is father of respondent no. 4 is taken on record.

This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 27.04.2016, registered as Case Crime No. 0146 of 2016, under sections 419, 420, 467, 468, 471 & 120-B I.P.C, P.S. Jahanabad, District Fatehpur.

Heard Sri Arun Prakash, learned counsel for the petitioner and the learned A.G.A.

Learned counsel for petitioner submits that the petitioner, who was branch manger at the relevant time, coupled with the fact with the alleged loan also deposited by the original borrower in June, 2018 as alleged in the paragraph-15 of the writ petition.

Learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioner.

After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.

However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioner shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co-operation during investigation.

With the aforesaid direction, this petition is finally disposed of.

Order Date :- 16.11.2018

A.K.Verma