Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 16940 of 2019 Petitioner :- Himanshu Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Prasad Mishra Counsel for Respondent :- G.A.,Ajay Kumar Mishra Hon'ble Manoj Misra,J.
Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents no. 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 15.3.2019 registered as Case Crime No. 150 of 2019 at P.S. Medical College, District Meerut, U/s 420, 406, 506 I.P.C.
On 20.6.2019, following order was passed:-
"Heard Sri Aditya Prasad Mishra, learned counsel for the petitioner, Sri Piyush Kumar Shukla who has appeared on behalf of the respondent no.4 and Sri Ratnendu Singh, learned A.G.A. appearing on behalf of the State.
This writ petition has been filed to quash the impugned F.I.R. dated 15.03.2019 in Case Crime No. 150 of 2019, under Sections 420, 406, 506 I.P.C., P.S. Medical College, District Meerut.
A perusal of the impugned F.I.R. shows that the substance of the allegation essentially discloses a civil dispute that has been cast in a criminal mould in order to exert oblique pressure upon the petitioner to settle some dispute over payment of money relating to a transaction of sale of property.
A prima facie case is made out. Admit.
Issue notice to the respondent no. 4 returnable on 09.08.2019. Steps may be taken within a week.
List on 09.08.2019.
In the meanwhile pending investigation the police are ordered not to arrest the petitioners in Case Crime No. 150 of 2019, under Sections 420, 406, 506 I.P.C., P.S. Medical College, District Meerut. It is, however, made clear that the investigation will go on and the protection granted by this order will not be available once a report under Section 173(2) Cr.P.C. is filed."
The order sheet reveals that notice was sent to the respondent no. 4 fixing 9.8.2019 but neither acknowledgment nor undelivered cover of the notice issued to the respondent no. 4 has been received back.
Though Sri Ajay Kumar Mishra, Advocate has put in appearance on behalf of the respondent no. 3 but no counter affidavit has been filed.
Considering that the interim order has remained operative since 28.6.2019, we deem it appropriate to dispose off this petition by providing that investigation of the above case shall continue and brought to its logical conclusion but till submission of police report under Section 173 (2) Cr.P.C., the petitioner shall not be arrested provided he cooperates in the investigation and makes himself available for interrogation.
The petition is disposed off.
Order Date :- 27.11.2019 Saurabh