Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 22283 of 2018 Petitioner :- Dashrath Nath Shukla And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Counsel for Respondent :- G.A.,Manoj Yadav,Shashi Bhushan Kunwar
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vinay Saran, learned counsel for the petitioners, Sri Kamal Krishna, Senior Advocate assisted by Sri Shashi Bhushan Kunwar, learned counsel for the private respondent, Sri Irshad Husain, learned brief holder for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioners with a prayer to quash the F.I.R. dated 30.07.2018 registered as case crime no. 307 of 2018 under sections 406, 419, 420, 467, 468, 471, 504 and 506 I.P.C., police station Kotwali Ballia, District Ballia.
Learned counsel for the petitioners submitted that the respondent No.3 has invested some money in the company of petitioners and there has been some financial loss on account of which, the amount which was invested by the respondent could not be returned back to him. On the other hand learned counsel for the respondent No.3 stated that several F.I.Rs. were lodged against the petitioner out of which three have been annexed to which learned counsel for the petitioners states that one F.I.R. has been lodged in Mumbai which is in Marathi language. So far as the name of the petitioner no.1 is concerned, his name has been mentioned in two F.I.Rs. but in the third F.I.R., his name does not figure.
Per contra learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but the petitioner no. 2 shall not be arrested in the aforesaid case till the submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.
(ii) As far as the petitioner no. 1 is concerned, the petition stands dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha,J.) Order Date :- 21.8.2018 A. Mandhani