Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 5566 of 2019 Petitioner :- Chand Tara And 10 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Anil Kumar for the petitioners and A.G.A. for State of U.P.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 1.7.2016 registered as case crime no. 518 of 2016 under Sections 420, 467, 468, 471, 409 I.P.C., Police Station- Bilsi, District- Budaun.
Counsel for the petitioners submits that petitioners are farmers and are ready to deposit the money disbursed to them.
A.G.A. has opposed the prayer for quashing the F.I.R. but could not dispute the aforesaid fact as argued by counsel for the petitioners.
From the perusal of the F.I.R. it is clear that prima facie cognizable offence is made out. There is no ground for interference. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, 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 case crime no. 518 of 2016 under Sections 420, 467, 468, 471, 409 I.P.C., Police Station- Bilsi, District- Budaun, 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 directions, this petition is finally disposed of.
Order Date :- 28.2.2019 Jaideep/-