Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2369 of 2019 Petitioner :- Dr. K.B. Verma And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jagdev Singh Counsel for Respondent :- G.A.,Pankaj Srivastava
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Jagdev Singh, learned counsel for the petitioners, Sri Pakaj Srivastava, learned counsel for the complainant, Ms. Archana Singh, 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 with the prayer to quash the F.I.R. dated 3.1.2019, registered as Case Crime No.003 of 2019, u/s 420, 467, 468, 471, 323, 354, 427, 504, 506 IPC, P.S. Pallavpuram, district Meerut.
Learned counsel for the petitioners submits that main allegation has been levelled against co-accused Laxman Singh who was the Secretary of the Society in which the petitioners were office bearers. Some money was taken by Laxman Singh and it appears that the same was deposited in the account of his son. If the prosecution case is take to it's own face value, Laxman Singh, Secretary of the society in question would be entitled to receive the said money. The petitioners undertake that if the prosecution is found to be true, the money of the respondent no.4 would be refunded to him, the said fact is mentioned in para no.22 and 23 of the present petition. It is further stated that the said Laxman Singh has already resigned from the post of Secretary of the society. As the petitioners are the members of the society in question, have been falsely implicated in the present case. The allegations levelled against the petitioners are absolutely false, frivolous and baseless, hence present FIR lodged against the petitioner be quashed.
Learned counsel for the respondent no.4 opposed the prayer for quashing of the FIR and submitted that he has no objection if the money of respondent no.4 is refunded by the society.
Considering the submissions advanced by learned counsel for the parties and nature of the allegations, it is directed that for the period of three weeks, the petitioners shall not be arrested in above mentioned case subject to the condition that the petitioners shall verify whether the amount of respondent no.4 has been deposited in the account of the society and shall refund the same to the respondent no.4 with the period of three weeks from today failing which appropriate action shall be taken against the petitioners in pursuance of the impugned FIR.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 29.1.2019 Gaurav