- (1.) HEARD Sri O.P.Singh, Senior Advocate assisted by Sri S.K. Rao the learned counsel for the petitioner, learned A.G.A. and Sri Gopal Misra, learned counsel for the complainant -respondent no. 4.
(2.) THIS petition has been filed by the petitioner Shakeel Ahmad Siddique with a prayer to quash the F.I.R. in case crime no. 284 of 2014, under sections 419,420,465,467,468,471,384,406,506,504,120 -B I.P.C. P.S. Rai Purwa district Kanpur Nagar.
(3.) FROM the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused. However, considering the submission made by the learned counsel for the petitioner that there was a commercial transaction inter se the parties i.e. in between M/s Poonam Enterprises, Kanpur Nagar, M/s Supreme Mechanical, Mumbai as well as M/s Aakar Glazing System, Mumbai, impugned FIR has been lodged against the petitioner by respondent no. 4 and others in case crime no. 244 of 2014 under sections 409,342,506,120 -B I.P.C. P.S. Fazalganj district Kanpur Nagar and in respect of the co -accused Manoj Tiwari alias Bihari alias Manoj Kumar and another, an order dated 21.1.2015 has been passed by another bench of this court in criminal misc. writ petition no. 1117 of 2015, whereby their arrest has been stayed till credible evidence is not collected against them, or till the submission of the police report under section 173(2) Cr.P.C. whichever is earlier, it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during investigation as per the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P., 1994 CrLJ 1981.;