Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 19961 of 2018 Petitioner :- Dinesh Kumar Singhal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Vajpeyi,Syed Imran Ibrahim Counsel for Respondent :- G.A. Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Syed Imran Ibrahim, learned counsel for the petitioner, Sri N.K.Verma, learned A.G.A. for the State and perused the impugned FIR as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the FIR dated 27.1.2017, registered as case crime No.58 of 2017, under Sections 406, 420, 120B I.P.C., P.S. Bisrakh, District Gautam Budh Nagar.
Learned counsel for the petitioner submits that the petitioner is a Director of M/s. Alpine Realtech Pvt. Ltd. and petitioner's Company has constructed some flats in an apartment. He further submits that there were 25 persons who had taken loan from the Bank of respondent no.3 but when they defaulted in making payment of loan, the petitioner has also been arrayed as an accused in the present case, though he has not taken any loan from the Bank of respondent no.3. The allegation levelled against the petitioner is absolutely false, frivolous and baseless. No offence is made out against the petitioner, hence, FIR is liable to be quashed by this Court.
Learned A.G.A.opposed the prayer for quashing of the FIR.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that the petitioner shall not be arrested in above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction, this petition is finally disposed of.
The case of the petitioner is distinguishable from the case of other co-accused persons.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.)
Order Date :- 26.7.2018/NS