Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 5428 of 2019 Petitioner :- Amit Mittal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shambhavi Nandan Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 09.02.2019 registered as Case Crime No.147 of 2019, under Sections 420, 120-B IPC, P.S. Bisrakh, District Gautam Budh Nagar.
The allegation in the first information report is to the effect that the accused floated a project, took money, but did not complete the project as a consequence of which the informant had to suffer severe loss. The role of the petitioner in the first information report is that of a Chartered Accountant who had been involved with the builder.
The contention of the learned counsel for the petitioner is that how can a Chartered Accountant could be held responsible for non completion of a project and therefore the first information report as against the petitioner is liable to be quashed.
As to whether the petitioner is in conspiracy with the builder and whether he has filed documents or submitted forged reports are all matters to be investigated. Therefore, the prayer to quash the first information report as against him cannot be accepted.
However, looking to the facts and circumstances of the case, we deem it appropriate to dispose off this petition by providing that the investigation shall continue and be brought to its logical conclusion but, subject to petitioner's cooperation in the investigation, he shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C.
Order Date :- 28.2.2019 AKShukla/-