Allahabad High Court
Love Kush Kumar And Another vs State Of U.P. And 2 Others on 9 July, 2019
Bench: Ramesh Sinha, Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 15111 of 2019
Petitioner :- Love Kush Kumar And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Ashwini Kumar Awasthi,Manish Tiwary(Senior Adv.),Syed Imran Ibrahim
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J.
Hon'ble Raj Beer Singh,J.
Heard Sri A.K.Awasthi, learned counsel for the petitioners, Sri A.R. Chaurasia, 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 petitioners with a prayer to quash the F.I.R. registered as case crime no. 185 of 2017, under sections 420 and 120-B I.P.C. and section 3,4,5 and 6 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978, police station Noida Phasse-3, District Gautam Budh Nagar.
In compliance of the order dated 31.05.2019, Sri. Yogendra Singh Malik, Investigating Officer is present. He submitted that during course of investigation, the involvement of the petitioner is found.
Having scanned the allegations contained in the F.I.R. the Court is of the view that the allegations in the F.I.R. do disclose commission of cognizable offence and/therefore no ground is made out warranting interference by this Court. The prayer for quashing the same is refused.
The petitioner/s has also prayed for an interim order to stay the arrest during the course of investigation relating to the FIR that is sought to be quashed in this petition. In view of the judgment of Apex Court passed the case of State of Orissa vs. Madan Gopal Rungta reported in AIR 1952 SC 12 and Kala Bharti Advertising vs. Hemant Vimal Nath Narichania & ors. reported in 2010 (9) SCC 437 when we are not inclined to grant the main relief sought by the petitioner/s, it would not be appropriate to grant the ancillary relief. Beside that the petitioner, who is apprehending his arrest is having an efficacious remedy of filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) to have anticipatory bail.
The petitioner/s may avail such remedy if so advised. As there appears to be an interim order passed in this petition by Co-ordinate Bench of this Court on 31.5.2019 staying arrest of the petitioner/s, the same shall remain continue till 25th July, 2019, provided the petitioner/s move an application before the Court competent as per provisions of Section 438 of the Code of Criminal Procedure, 1973 (Uttar Pradesh Amendment) on or before 22nd July, 2019.
The petition for writ is disposed of accordingly.
(Raj Beer Singh, J.) (Ramesh Sinha, J.)
Order Date :- 9.7.2019
T.S.
