Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 7899 of 2018 Petitioner :- Jai Kumar Goel And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kshitij Shailendra Counsel for Respondent :- G.A.
Hon'ble Rajesh Dayal Khare,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State.
This writ petition has been filed with a prayer to stay the arrest of the petitioners in pursuance of the impugned FIR dated 26.10.2017, which has been registered as Case Crime No. 0674 of 2017, under Sections 406, 420, 506 IPC, Police Station Bisrakh Noida, District Gautam Budh Nagar.
It is contended by learned counsel for the petitioners that the FIR has been registered against the petitioners on the application under Section 156(3) CrPC of the respondent no.4 Rajender Pal Singh.
It is next contended by learned counsel for the petitioners that the petitioner no.1 is the Managing Director of J.K.G. Constructions Private Limited (petitioner no.2). It is further submitted that JKG Palm Court is residential project, developed by the petitioner no.2, wherein total 878 residential flats and 20 commercial outlets are under construction.
It is next contended that due to unavoidable circumstances, part of the project got delayed, and for which the present proceedings have been drawn, which is purely contractual /civil in nature and thus the filing of present criminal proceedings are bad in law.
He has further submitted that apart from the bald allegations made in the F.I.R., which is a bundle of lies and product of malice, no credible evidence is forthcoming, even prima facie, indicating that any such incident had taken place, hence, the impugned F.I.R. is liable to be quashed.
Per contra, learned A.G.A. has submitted that from the perusal of the impugned F.I.R., it cannot be said that no cognizable offence is made out, hence, the impugned F.I.R. is not liable to be quashed.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein prima facie cognizable offence is made out, hence, there is no scope for interfering with the impugned F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However, considering the submissions advanced by learned counsel for the petitioners and nature of allegations made in the F.I.R., it is directed that the petitioners shall not be arrested in the aforementioned case till submission of police report under Section 173(2) CrPC or till credible evidence is collected, whichever is earlier.
With the aforesaid directions, this writ petition is finally disposed of.
Order Date :- 30.3.2018 Nadim