Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 15312 of 2019 Petitioner :- Bhuvnesh Goel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akshay Mohiley Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Akshay Mohiley, learned counsel for the petitioner and Sri Punit Kumar Pandey, Advocate holding brief of Sri Rahul Chaudhary, learned counsel for the Caveator and Sri G.P. Singh, learned A.G.A. for the State.
The present writ petition has been filed with a prayer to quash the F.I.R. dated 6.9.2018, registered as Case Crime No. 1889, under Section 420, 406, 415, 428, 467, 468, 471, 120 B and 34 of the IPC, 1860, P.S. Kavi Nagar, District Ghaziabad and notice under Section 160 Cr.P.C. dated 20.5.2019 issued against the petitioner for the Sections 406, 420, 409 and 120B IPC.
It has been submitted by the learned counsel for the petitioner that the co-accused have filed a Writ Petition No. 26399 of 2018 (Seema Goyal and three others vs. State of U.P and two others), who were granted interim relief by this Court vide order dated 20.9.2018, whereas the other co-accused persons, who were Directors have filed a Writ Petition No. 26744 of 2018 (Rohit Batra and another Vs. State of U.P. and two others) and their petition has been rejected by this Court on 25.9.2019. It has been further argued that case of the petitioner is distinguishable from the case of the Directors, whose petition has been rejected by this Court, as the petitioner happens to be real brother of the Director Avadhesh Kumar Goyal and he has no concern with the Company in question, which is under dispute. Nor he is the Director of the Company in question.
Learned counsel for the complainant vehemently opposed the prayer for quashing and has drawn the attention of the court towards the order passed in Writ Petition No. 26399 of 2018, where the case of the husband of the petitioner of the said writ petition and other co-accused persons have already been distinguished. The case relates to Multi Crore Scam. In the matter of other co-accused persons charge sheet has already been submitted after investigation before the competent court,.
Considered the submissions advanced by the learned counsel for the parties and perused.
After having examined the submissions advanced by learned counsel for the parties and perused the impugned FIR, we are of the opinion that the impugned FIR discloses cognizable offence against the petitioner, hence, no interference is called for by this Court in its extraordinary power under Article 226 of the Constitution of India for quashing of the FIR or for grant of any interim relief to the petitioner.
The petition lacks merit and is, accordingly, dismissed.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 31.5.2019 A.P. Pandey