Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10688 of 2019 Petitioner :- Awadesh Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Respondent :- G.A.,Ajay Kumar Pandey
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and Sri Ajay Kumar Pandey, learned counsel for the respondent no.3; and perused the record.
The instant petition seeks quashing of the First Information Report dated 12.01.2019, registered as Case Crime No.42 of 2019, under Sections 420, 467, 468, 470, 471, 506, 120B I.P.C., P.S. Tajganj, District Agra.
The allegation in the impugned F.I.R is that the accused proposed to sell certain plots of land which was part of public utility land belonging to Charagah. It is alleged that Rs.10,00,000/- was transferred to the account of co-accused- Vishal Sharma.
The contention of the learned counsel for the petitioner is that no money has been transferred to the account of the petitioner and it is not the case of the informant that any agreement was arrived at between the petitioner and the informant. It has been submitted that the petitioner has been implicated only by showing that he was in the company of other co-accused.
Be that as it may, to what extent the petitioner is involved would depend upon the material collected during the course of investigation but since the impugned F.I.R discloses that a false title was set up over public utility land, and money was also taken in that connection, the FIR would have to be investigated and, therefore, the prayer of the petitioner to quash the first information report cannot be accepted. However, considering the facts and circumstances of the case and the role attributed to the petitioner, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and be brought to its logical conclusion but, subject to the petitioner's co-operation in the investigation, he shall not be arrested till submission of police report under Section 173 (2) Cr.P.C.
Order Date :- 30.4.2019 m.a.