Case :- CRIMINAL MISC. WRIT PETITION No. - 22910 of 2018 Petitioner :- Anil Kumar Tyagi And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shyam Surat Shukla Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri S.S.Shukla, learned counsel for the petitioners, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the FIR dated 29.7.2018, registered as case crime No.1107 of 2018, under Section 336 I.P.C., P.S. Vijay Nagar, District Ghaziabad.
Learned counsel for the petitioners submits that the petitioners no.1 is employee of Crossing Infrastructure Pvt. Ltd., Dundahera, Ghaziabad, petitioner no.2 is Director of Panchsheel Velington, Builder, Ghaziabad, petitioner no.3 is Director of Mahagun Montage Builder, Ghaziabad and petitioner no.4 is Drector of Sevier Tower Builder, Ghaziabad. He further submits that the petitioners are innocent and have been falsely implicated in the present case with malafide intention. He next argued that the map was sanctioned by respondent no.3 with certain conditions given in the memorandum dated 18.1.2016 and the company regularly paid the dues amount despite of sealing of construction work and upto now Rs. 23,35,00,000/- has been paid. He argued that on 27.7.2018, the respondent no.3 recalled the sealing order and directed the company to complete the construction of structure of basement within a month, but just after two days lodged the impugned FIR against the petitioner. The petitioners have not committed any offence as stated in the FIR. The FIR itself indicated that the company was directed to stop the construction work from 28.7.2018 and the FIR was lodged on 29.7.2018 against the petitioner just to save the skin of Development Authority as some of the buildings fell in the rainy season prior to 25.7.2017 in NOIDA and Ghaziabad. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioners, hence, FIR is liable to be quashed.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioners shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but they shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 23.8.2018/NS