Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 16597 of 2019 Petitioner :- Deep Bajpai And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ram Prakash Counsel for Respondent :- G.A.,Mahesh Chandra Rai
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Ram Prakash Pandey, learned counsel for the petitioners, Sri Mahesh Chandra Rai, learned counsel for respondent No.3, Sri Irshad Hussain, learned A.G.A. 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 11.02.2019 registered as Case Crime No. 337 of 2019, under Sections 420, 467, 468, 471 and 406 I.P.C., Police Station- Kavi Nagar, District- Ghaziabad.
Learned counsel for petitioners submits that the impugned F.I.R. has been lodged after inordinate delay of 5 years by respondent No.3. Learned counsel for the petitioners submit that the petitioners are innocent and the present FIR has been lodged with a malafide intention for the purposes of harassment.
Sri Mahesh Chandra Rai, learned counsel for respondent No.3 and learned A.G.A. have vehemently opposed the prayer for quashing the F.I.R..
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.
Order Date :- 14.6.2019 Shubhankar (Vivek Varma,J.) (Ramesh Sinha, J.)