Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 10857 of 2019 Petitioner :- Ajay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Krishna Mohan Garg Counsel for Respondent :- G.A.,Avnish Kumar Srivastava Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Krishna Mohan Garg, learned counsel for the petitioner, Sri Avnish Kumar Srivastava, learned counsel for the informant and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 25.3.2019, registered as Case Crime No.0263/2019, under Sections 147/148/323/504/506/354/307/427 IPC, P.S. Muradnagar, Ghaziabad.
It is submitted by learned counsel for the petitioner that the father of the petitioner executed a sale deed in favour of the company of respondent no.4, for a total consideration of Rs.5,19,65,000/-, out of which only Rs.1,29,91,250/- was paid through RTGS / Cash and for the remaining amount, cheques were issued, which came to be dishonoured, in respect of which 3 complaints have been filed under Section 138 of the N.I. Act, civil suits are pending for the cancellation of sale deed and a rectification deed, an FIR was also lodged by the father of the petitioner against the informant side in which charge- sheet has been filed, in retaliation to aforesaid, the petitioner has been falsely implicated on false and mischievous allegations, FIR is liable to be quashed.
Per contra, the learned A.G.A has opposed the submission.
After having heard learned counsel for the parties and perusing the impugned FIR as well as the other material brought on record, it cannot be said that prima facie no offence is made out against the petitioners. Therefore, the prayer for quashing the FIR is refused.
However, we dispose of this writ petition with the direction that investigation of the aforesaid case shall go on but the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to his cooperation during investigation.
With this direction, this petition is finally disposed of.
It is made clear that the other accused would not be entitled to claim parity of this order.
Order Date :- 30.4.2019 Chandra