Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 26590 of 2018 Petitioner :- Jitendra Kumar Mangala And 02 Others Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Jitendra Pal Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard learned counsel for the petitioners, learned A.G.A. for the State and 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 FIR dated 20.08.2018 registered as case crime no. 692 of 2018 under sections 419, 420, 120B IPC, Police station Sikandra, District Agra.
It has been submitted by the learned counsel for the petitioners that petitioners are builders and respondent nos. 4 to 14 who have booked their flats were defaulters and they have made only 75 % of the payment.
Per contra, learned AGA for the State submitted that the impugned FIR is not liable to be quashed on the basis of the submissions advanced by the learned counsel for the petitioners and that the office of the petitioners have been sealed and respondent nos. 4 to 14 have jointly lodged an FIR against the petitioners as they have not been provided any possession of the flats till date and their money has also been misappropriated by the petitioners.
After having heard learned counsel for the parties present and perused the impugned FIR as well as the other material brought on record, we dispose of this writ petition with the following directions:
(i) Investigation of the aforesaid case shall go on but petitioner no.3 who is a lady shall not be arrested in the aforesaid case till submission of police report under Section 173(2) Cr.P.C., subject to her cooperation during investigation.
(ii) As far as petitioner nos. 1 and 2 are concerned, the petition stand dismissed.
With this direction, this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.9.2018 Madhurima