Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1461 of 2019 Petitioner :- Amit Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Tej Bahadur Rai,Rishi Kant Rai Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Rishi Kant Rai, learned counsel for the petitioner and the learned A.G.A. for the State of U.P.
The writ petition has been filed for quashing he F.I.R. dated 12.12.2018, registered as Case Crime No.1940 of 2018 under Section 420, 467, 468, 471, 120B, 406, 504 I.P.C. Police Station-Noida Sector-20, District-Gautam Budh Nagar.
In the F.I.R., in substance the allegation has been made that on the informant was in need of residential plot. The informant met with K.P. Singh and Ajay Raghav who informed that Gajendra Singh has several plots. As the tenure holders whose lands have been acquired could be allotted land in developed area in that connection in the year 2013-14 the informant has given Rs.15,00,000/- to Gajendra Singh, Rs.27,00,000/- to K.P. Singh and Rs.22,00,000/- to Amit. Thereafter, the informant has given money through cheques to various tenure holders to whom he was asked to give money by Gajendra Singh.
Learned counsel for the petitioner submits that K.P. Singh and Ajay Raghav brought the informant to Gajendra Singh and through them they were dealing to take plots of the tenure holder. So far as Amit petitioner no.1 is concerned he was not a part of deal nor a tenure holder his name has been malafide mentioned as he is a relation of Gajendra Singh. No role has been assigned to the petitioner Amit in the F.I.R. his case stands on different footing.
In the facts of the case, this writ petition is disposed of with a direction that Amit Verma shall not be arrested in Case Crime No. 1940 of 2018 under Section 420, 467, 468, 471, 120B, 406, 504 I.P.C. Police Station-Noida Sector-20, District-Gautam Budh Nagar till the submission of police report under Section 173(2) Cr.P.C.
Learned counsel for the petitioner be permitted to make necessary correction in the writ petition.
Order Date :- 21.1.2019/Rahul.